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Backup Documents 07/28/2010 SBCC GMP Meeting BACK -UP DOCUMENTS July 28, 2010 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL BCC AGENDA GMP AMENDMENTS July 28, 2010 9:00 a.m. Section 24 (North Belle Meade) Settlement Agreement Per DOAH CASE NUMBER 07 -2317 GM DCA Docket Number 07- ER -NOI- 1101- (A) -(N) 2007/2008 Cycle of Growth Management Plan Amendments (Including a 2009 Petition) Fred Coyle, BCC Chairman, District 4 Frank Halas, BCC Vice - Chairman Commissioner, District 2 Tom Henning, Commissioner, District 3 (Telephonically) Jim Coletta, Commissioner, District 5 Donna Fiala, Commissioner, District 1 NOTE: THE BOARD INTENDS TO BREAK AT APPROXIMATELY 3:00 P.M., AND THEN WILL RECONVENE AT 5:00 P.M. TO HEAR ITEMS 2.C. AND 2.D. NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-539 AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF Page 1 July 28, 2010 COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Invocation and Pledge of Allegiance 2. Section 24 Agreement A. Recommendation to approve a Compliance Agreement between the Department of Community Affairs and Collier County, including Petitioners -in- Intervention, setting forth proposed Remedial Amendments to the Growth Management Plan, Ordinance 89 -05, as amended, pertaining to Section 24 in North Belle Meade. [Coordinator: David Weeks, Growth Management Plan Manager] [This item is being continued indefinitely and will require re- advertising.] Motion to continue this item indefinitely — Approved 4/0 (Commissioner Henning absent) 3. Advertised Public Hearings Page 2 July 28, 2010 A. CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care, and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 miles west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, Principal Planner] Ordinance 2010 -31 - Adopted 4/0 (Commissioner Henning absent) B. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional development intensity not to exceed 360,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] Motion to allow Commissioner Henning to participate and vote via telephone due to extraordinary circumstances — Approved 4/0 (Commissioner Henning joined the meeting via telephone); Ordinance 2010 -32; Motion to approve with the modification from the Executive Summary not including Tract 71, and to include the companion item — Adopted 5/0 C. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands for property located on the east and south sides of Washburn Avenue, east of the Naples Landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] Ordinance 2010 -33 - Adopted 4/0 (Commissioner Henning absent) D. CPSP- 2008 -7, Staff petition requesting an amendment to the Future Land Page 3 July 28, 2010 Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the Growth Management Plan (GMP). [Coordinator: David Weeks, AICP, GMP Manager] Ordinance 2010 -34 - Adopted 4/0 (Commissioner Henning absent) Withdrawn by Applicant E. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE/FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 &16, Township 53 South, Range 34 East, consisting of 1,608 ± acres. [Coordinator: David Weeks, AICP, GMP Manager] 4. Adjourn Motion to adjourn — Approved 4/0 (Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COMPREHENSIVE PLANNING DEPARTMENT AT (239) 252 -2400. Page 4 July 28, 2010 2A ' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) *************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 6 /71,)., 10 Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Marcia R. Kendall Date _V26f2ftO / Petition No. (If none, give brief description): Section 24 Settlement Agreement Petitioner: (Name & Address): Robert J. Mulhere, RWA, Inc., 6610 Willow Park Drive, Ste. 200, Naples, FL 34109. Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before XXX BCC BZA Other Requested Hearing Date: June 23, 2010 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost ?? 0 Yes ❑ No If Yes, what account should be charged for advertising costs: Reviewed & Approved by: V •� (� a'35� l� �/�+'��� Division Administrator or Designee Date List Attachments: Advertisement Request for BCC Hearing & Associated Map DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda rile: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE U r, Date ReceivedA Date of Public hearing: Date Advertised: ( V 2A Ann P. Jennejohn From: kendall_m [MarciaKendall @colliergov.net] Sent: Monday, June 07, 2010 7:38 AM To: Minutes and Records Cc: Bosi, Michael; Brock, Mary; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David Subject: Section 24 Settlement Agreement Ad Request Attachments: Ad Req. Slip for Section 24 Settlement Agreement Advertisement.docx; Section 24 Settlement Agreement Advertisement.docx Please find attached advertisement request. Acknowledge receipt at your earliest convenience and forward proof copy for review prior to posting. Thank you. Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendallocolliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. rode 6 da [_a 1, e-mr 40 � clf s-�es < e ;)t i , Yes J cs 11 you do no 'wane yu��' addmss . ea.. e . a ,Yuh= ' est, Jc . ,,t '. "e sc -" k rnul :,, the enti § i_gpad, contrud thk' office Ov h�'Ie.a3 €l, c :arm ZA June 23, 2010 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Saturday, June 12, 2010 and furnish proof of publication to Marcia Kendall, Comprehensive Planning Section of the Land Development Services Department, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a one column wide line item ad. The advertisement must be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES COMPREHENSIVE PLANNING SECTION FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500112358 ACCOUNT NUMBER: 068778 1 za NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County Commissioners will hold a Public Meeting on Wednesday, June 23, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 1:00 P.M. The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI-1 101 -(A)-(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 1101 -(A)- (N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREHENSIVE PLAN AMENDMENT 07 -1 ER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Sevices Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department, Comprehensive Planning Section. (239- 252 - 2387). Written comments filed with the Land Development Services Department, Comprehensive Planning Section prior to Wednesday, June 23, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2 2A FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 2A Ann P. Jennejohn From: Ann P. Jennejohn on behalf of Minutes and Records Sent: Thursday, June 10, 2010 8:26 AM To: Kendall, Marcia Cc: Bosi, Michael; Brock, Mary; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David Subject: RE: Section 24 Settlement Agreement Ad Request Good Morning, We're waiting for a signed off ad request and for the County Attorney's Office to sign off for legal sufficiency. If you could please forward those we will finish processing. Thank you! From: kendall_m [ mailto :MarciaKendall @colliergov.net] Sent: Monday, June 07, 2010 7:38 AM To: Minutes and Records Cc: Bosi, Michael; Brock, Mary; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David Subject: Section 24 Settlement Agreement Ad Request Please find attached advertisement request. Acknowledge receipt at your earliest convenience and forward proof copy for review prior to posting. Thank you. Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall @colliergov.net Under Florida Law, e -mail addresses are public records. if you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Roridi Lahr, e -rnai addresses are *Public records, If YOU C10 MX vvan' your c rtt .l address re eases! in r .; st owze 0 a a„ blic rr •ords request, do .,ol: ser,;.l e ectmmc mall to this entity, Instead, cantaet this office by telephone or in tiwritinn. Tracking: Recipient Delivery Kendall, Marcia Bosi, Michael Brock, Mary NeetVirginia Patricia L. Morgan Delivered: 6/10/2010 8:26 AM RodriguezWanda Weeks, David Read 2A i44 Read: 6/10/2010 8:27 AM Ann P. Jennejohn 2 A A From: System Administrator To: Patricia L. Morgan Sent: Thursday, June 10, 2010 8:26 AM Subject: Delivered: RE: Section 24 Settlement Agreement Ad Request Your message To: Kendall, Marcia Cc: Bosi, Michael; Brock, Mary; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David Subject: RE: Section 24 Settlement Agreement Ad Request Sent: 6/10/2010 8:26 AM was delivered to the following recipient(s): Patricia L. Morgan on 6/10/2010 8:26 AM 1 12A Ann P. Jennejohn From: WilliamsSteven [StevenWilliams @colliergov.net] Sent: Friday, June 04, 2010 4:32 PM To: Kendall, Marcia Cc: Weeks, David Subject: RE: Section 24 Settlement Agreement Advertisement. d ocx I have reviewed the attached advertising and find it legally sufficient. Steve Steven T. Williams Assistant County Attorney Collier County 3301 Tamiami Trail, east Harmon Turner Building, 8th Floor Naples, Florida 34112 (239) 252 -8400 From: kendall_m Sent: Friday, June 04, 2010 3:43 PM To: WilliamsSteven Cc: weeks_d Subject: Section 24 Settlement Agreement Advertisement.docx Steve, Our apologies for the last minute request, however, would you please review the attached Advertisement per the above and advise, accordingly. This is to be a 10 day advertisement prior to the June 23, 2010 Special BCC meeting. Should you have any questions, please contact myself 252 -2387 or David Weeks 252 -23o6. Please also note that this ad is due to the Clerk's office on Monday June 72010 in order for them to meet the NDN deadline of Tuesday, June 8`', 2010. If you can return to us NLT noon 617/2010, that would be wonderful. << File: Section 24 Settlement Agreement Advertisement. docx >> Cordially, Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakend all _acolliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn 2A i From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Thursday, June 10, 2010 8:50 AM To: Ann P. Jennejohn Subject: RE: Legal Ad Yes, hurry hurry. O From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, June 10, 2010 8:29 AM To: Legals - NDN Cc: Pagan, Emely Subject: Legal Ad Hi Emely, If we get an ad not a display ad) to you within the next hour, is it possible to get it in Saturday's paper ?? Please let me know a.s.a.p. @ Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskCa@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Acct #068778 June 10, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Section 24 Settlement Agreement Legal Ad Dear Legals: 2A j Please advertise the above referenced notice on Saturday, June 12, 2010, and kindly send the Affidavit of Publication, in TRIPLICATE together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500112358 Ann P. Jennejohn �* 2 A " To: Naples Daily News Legals Subject: Section 24 Settlement Agreement Attachments: Section 24 Settlement Agreement.doc; Section 24 Settlement Agreement.doc Good Morning, Please advertise the attached on Saturday, June 12, 2010. * ** *The notice must be a one column wide line item ad. Please place the ad in that portion of the newspaper where legal notices and classified advertisements appear * * ** Thank you! Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (fax) 2A NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County Commissioners will hold a Public Meeting on Wednesday, June 23, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 1:00 P.M. The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI-1 101 -(A)-(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 1101 -(A)- (N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREHENSIVE PLAN AMENDMENT 07 -1 ER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Sevices Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department, Comprehensive Planning Section. (239- 252 - 2387). Written comments filed with the Land Development Services Department, Comprehensive Planning Section prior to Wednesday, June 23, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 1 Ann P. Jenne'ohn 2A From: postmaster @collierclerk.com Sent: Thursday, June 10, 2010 9:14 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT530275.txt; Section 24 Settlement Agreement This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com 2A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, June 10, 2010 9:26 AM To: Naples Daily News Legals Cc: 'Pagan, Emely' Subject: Section 24 Settlement Agreement Attachments: Section 24 Settlement Agreement.doc Hi again Emely, I just noticed there's a little "1" on the bottom of the notice (must be somebody's footer) in the right hand corner. Can you (please) possibly remove that? In case you can't remove it, I've attached a copy without that bottom number /footer. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) 2A NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County Commissioners will hold a Public Meeting on Wednesday, June 23, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 1:00 P.M. The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI-1 101 -(A)-(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 1101 -(A)- (N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREHENSIVE PLAN AMENDMENT 07 -1 ER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Sevices Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department, Comprehensive Planning Section. (239- 252 - 2387). Written comments filed with the Land Development Services Department, Comprehensive Planning Section prior to Wednesday, June 23, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) Ann P. Jenne'ohn 2A From: postmaster @collierclerk.com Sent: Thursday, June 10, 2010 9:26 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT530474.txt; Section 24 Settlement Agreement This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 2A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, June 10, 2010 1:15 PM To: Kendall, Marcia Subject: FW: Ad Confirmation Attachments: UAS96C.jpg Hi Marcia, Attached is the proof from NDN for this Saturday's legal ad. Say .... there was a little confusion regarding billing (advertising) and payments a little while ago. Would you be able to e- mail /fax us a signed "Request for Legal Advertising" so we have formal approval for publication & payment? One more thing....... should I contact Steven Williams for a (legally) signed off - paper copy of the agreement? Thank you. Ann - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.com] Sent: Thursday, June 10, 2010 12:38 PM To: Ann P. Jennejohn Subject: Ad Confirmation ATTACHED please review your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Date SATURDAY JUNE 12, 2010 Publication NDN Ad Number 1857396 Total Ad Cost $259.38 Emely Pagan 213 -6061 NOTICE Of PUBLIC HEARING AND I 2A NOTICE OF INTENT TO CONSIDER STIPULATED SE17LEMENT AGREEMENT Notice ir. hereby given that,the Collier County Board oi Ca my Commissloner5 will hold a Publ 1c. Meeting.-on Wednesday, June 23, 2010 it) the Board roorn, ' 3rd Floor, W. Harmon Turner Su:ilding (IBIdd. R Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, Tlioe meeting' will cornmence at 1:oo P.rvj, The purpose of the hearing is to consider executing a settlernent agreement per 1 I - ta 1 nip to DOAH CASE NUMBER 07-23,17GM, [ACA Docket Number 0 I-ER-NOI-11.01 -, ( ;;(N -lorida Departm4�nt of Community Affairs et al and Collier A) between, the r County, Florida et al. The Ag,reern e,n t -title is as fn- I I ows, SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE SE NUMBER 07-2317GM, DCA Docket Number 07-ER-NO1.1 1014(,A)-(N.) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLUER COUNTY, FLORIDA ET AL, IN RESPONSE- TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREKINSIVE PLAN AMENDMENT 07-.1ER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE,' ISSUED ON MAY All interested parties are invited to app4mr And be heard. Copies of the proposed amendment are avaitabl Ins eCtior) P for' ' , at the tand Devoloprnenl Sevice5, Depart- ment, Comprehensive Planning 2900 N. Horseshoe Drive, Naples, Florida between the hours of 8,,00 A.M' I and 5:0t1 P.M., Monday thro0,qh Friday. -Anyques- tions Pertaining to these documents should he directed to the. Land Development Services Der3artment Comprehensive Planning Section. (2,39-252-2387). Wri itten co I mrnenf� f!il,eld vvith tfie Lamd.'Devj61Iopmeht -Services Debartmenf, Comprehensive Plan ni ng, Section prior to Wednesday, June 23, 2010, w rea ill �e d and co ' nsid&ed gi the putAic hearing.' if a. person decides to appeal any decision made by the, Collier County Board of County Commissioners with respect to any matter considered at .such meeting or hearing., he will need a record of thial proceeding, ,a6d for such purpose he may need to 'ensure that av'erb4tim- record o.fthe proceedjnqs is made, which record in, cludes the'tlestimony and evidence upon which the appeal is to be based, It'you are a person with a disability who needs an accqmmodation 'in order to par- ticigate in the proceeding, you are entitled, at no co5tto Voy, to the provi. ton of certain assistance. Please' contact1be Collier Cotlhty Facilities Management. Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida .34112, (239) 252-8380. Assi-sted listening 4evites for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED VV. COYLE. CHAIRMAN DWIGHT E. BROCK, CLERK By: W-Patr1cfa Morgan DepUty Clerk >5EAQ June 12, 2010 Nol8573R6 Ann P. Jennejohn 2A From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Thursday, June 10, 2010 12:38 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS96C.jpg ATTACHED please review your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Date SATURDAY JUNE 12, 2010 Publication NON Ad Number 1857396 Total Ad Cost $259.38 Emely Pagan 213 -6061 X CLERK OF THE C11 Dwight E. Brock COLLIER COUNTY1C Clerk of Courts 3301 TAMIAMI Tf P.O. BOX 41: NAPLES, FLORIDA June 11, 2010 RWA, Inc. Robert J. Mulhere, AICP 6610 Willow Park Drive Suite 200 Naples, FL 34109 R ` §ollier 2A :C IT COURT )UR "OUSE AIL EAST Clerk of Courts 044 Accountant X4101 -3(44 Auditor A), Custodian of County Funds Re: Notice of Public Hearing to Consider a (Section 24) Settlement Agreement Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Wednesday, June 23, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Saturday, June 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 2A Ad # 1857396 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER STIPULATED SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County Commissioners will hold a Public Meeting on Wednesday, June 23, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 1:00 P.M. The purpose of the hearing is to consider executing a settlement agreement pertaining to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07-ER-NOI- 110 1 (A)-(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07- ER -NOI- 1101- (A) -(I) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREHENSIVE PLAN AMENDMENT 07 -IER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department, Comprehensive Planning Section. (239- 252- 2387). Written comments filed with the Land Development Services Department, Comprehensive Planning Section prior to Wednesday, June 23, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) June 12, 2010 No1857396 ZA ,.2007... All Interested. invited to an4 boa tree, r9ropased artundmeM ate ri�rngi D men the , A,i1es tions pertai�in m doGdnsh shO bee to" Dfd smites preheMSI" plaml comments � Wodnos ar wHr reed an nansidered ax the pyc hearN9g J7 a n, t0 • + ! " 'taw � y Bea g oorr Coy Lq= � fishy a bed i re d boors �hens , r in- dud 'tthe testimony and evidom u kh toeb+l�id: ff ou are a pgty4r a dis"Ity who r"O an aabmmadatbn in or�rer to W- are in ttia P you, areMtitia `yrt rp caf ,teal t4 csrt�in4,�• a3Aaieiand TraiC`R� w �1+�5 �.�'dhP 11Dew) NAPLES DAILl NEVI'S Published Daii\ Naples. FL :41 02 AffidaNTit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve. who on oath says that she serves as the Senior Accountant of the Naples Daily News.. a daily newspaper published at Naples. in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached coPv of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on .Lune 12. 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier Count v, Fiorida; distributed in Collier and Lee counties of' Florida. each day and has been enw=red as second class mail matter at the post office in Naples. in said Collier County, Florida. for a period of I year next preceding the first publication ofthcattached cope of advertisement: and affiant further says that he has neither paid nor promised an person. firm of corporation any discount, rebate. commission ar refund for the purpose of securing this advertisement for publication in the said newspaper. .t ( Sil>nature, of affiant) Sworn to and subscribed before me This 16th day of June. 2010 r' (Signature of notary public) 2A NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER, STIPULATED SETTLEMENT AGREEMENT Notice is hereby given that the Collier County Board of County Commissioners will hold a Public Meeting on Wednesday, June 23, 2010 in the Boardroom, 3rd Floor, W. Harmon Turner Building (Bldg. F), Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida. The meeting will commence at 1:00 P.M. The ourpose of the hecrinq Is to consider executing a settlement agreement per - tainin99 to DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07 ER -NOI -1101 (A) -(N), between the Florida Department of Community Affairs et al and Collier County, Florida et al. The Agreement title is as follows: SECTION 24 SETTLEMENT AGREEMENT, DOAH CASE NUMBER 07- 2317GM, DCA Docket Number 07- ER- NOI- 1101 4A)-(N) BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ET AL AND COLLIER COUNTY, FLORIDA ET AL, IN RESPONSE TO THE DEPARTMENT OF COMMUNITY AFFAIRS' STATEMENT OF INTENT TO FIND THAT PORTION OF COMPREHENSIVE PLAN AMENDMENT 07 -IER PERTAINING TO THE FUTURE LAND USE MAP DESIGNATION AND TEXT PROVISIONS FOR SECTION 24, TOWNSHIP 49 SOUTH, RANGE 26 EAST NOT IN COMPLIANCE, ISSUED ON MAY 1, 2007 All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for inspection at the Land Development Sevices Depart- ment, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any ques- tions pertaining to these documents should be directed to the Land Development Services Department, Comprehensive Planning Section. (239- 252- 2387). Written comments filed with the Land Development Services Department, Comprehensive Planning Section prior to Wednesday, June 23, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record in. dudes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to par- ticipate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: is/Patricia Morgan Deputy Clerk (SEAL) NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on June 12, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affrant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affia Sworn to and subscribed before me This 16th day of June, 2010 — fJ (Signature of notary public) JIS s � Ill ltl�� KAROL E KANGAS Notary Public - Stale of Florida 9• My Comm. Expires Jijl 29, 2013 Commission # DD 912237 .rte l�-w� JUN 21 2010 FINANCE DEPT. ' tfu I'm fh tM pah Ms� � 2A ' -k lY MCE'af P4JSiK � ! A. owe 2A x Ann P. Jennejohn From: kendall_m [MarciaKendall @colliergov.net] Sent: Thursday, June 10, 2010 1:26 PM To: Ann P. Jennejohn Subject: RE: Ad Confirmation Attachments: Section 24 Settlement Agreement Ad Request Slip w- Signature.pdf; Compliance Agreement - COLLIER COUNTY Section 24.pdf; Exhibit A - Notice of Intent for 2007 GMPA.pdf; Exhibit B - Final Settlement Agreement 2010- 04- 06.pdf; Compliance Agreement - COLLIER COUNTY Section 24.pdf; Exhibit A - Notice of Intent for 2007 GMPA.pdf; Exhibit B - Final Settlement Agreement 2010- 04- 06.pdf Ann, 4I I am attaching our approval document and also three items: 1) Compliance Agreement, 2) Exhibit A Notice of Intent and 3)Settlement Agreement. There is a map as back up to the 3rd item, but it is not finalized yet but will be for BCC packets being delivered to all (including (you) Clerk's office) next week or Wednesday, June 16, 2010. 4 Do you require anything further? Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendallLa)colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jenneeohn a collierclerk com] Sent: Thursday, June 10, 2010 1:15 PM To: kendall_m Subject: FW: Ad Confirmation <<UAS96C.jpg>> Hi Marcia, Attached is the proof from NDN for this Saturday's legal ad. Say.... there was a little confusion regarding billing (advertising) and payments a little while ago. Would you be able to e -mail /fax us a signed "Request for Legal Advertising" so we have formal approval for publication & payment? One more thing....... should I contact Steven Williams for a (legally) signed off - paper copy of the agreement? Thank you. Ann - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan@Naplesnews.com] Sent: Thursday, June 10, 2010 12:38 PM To: Ann P. Jennejohn Subject: Ad Confirmation ATTACHED please review your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. 2A No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Date SATURDAY JUNE 12, 2010 Publication NDN Ad Number 1857396 Total Ad Cost $259.38 Emely Pagan 213 -6061 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(a�collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Coll ierClerk.com domain. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. '_Inde, Florida L v , e -wai€ addresses a; c- pul3 C iecorGS, if yot: do not vani your �,: YT 's l £i &E_ss if):eased in :'eSt onse to a noblic records request, cis` not Send electron c ;trail to this entity. Instead, contact this office by telephone Of- in 2A STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioners, and FLORIDA WILDLIFE FEDERATION and COLLIER COUNTY AUDUBON SOCIETY Petitioners -in- Intervention V. COLLIER COUNTY Respondent and BUCKLEY ENTERPRISES, HIDEOUT GOLF CLUB, LTD, JOHN L. COWAN and JANE ANN COWAN, TRUSTEES, Respondents -in- Intervention. DOAH Case No. 07- 2317GM SECOND PARTIAL STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs; Petitioners -in- Intervention Florida Wildlife Federation and Collier County Audubon Society; Respondent Collier County; Respondents -in- Intervention Buckley Enterprises, Hideout Golf Club, LTD, and John L. Cowan and Jane Ann Cowan, Trustees, as a complete and final settlement of all claims related to Ordinance No. 07 -18 raised in the above - styled proceeding. 2A RECITALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, Collier County (Local Government) is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 07 -1ER (Plan Amendment) by Ordinance Nos. 07 -18 on January 25, 2007; and WHEREAS, the Plan Amendment proposes changes to the Future Land Use Map and the Future Land Use Element as it pertains to Section 24; and WHEREAS, the Department issued its Statement of Intent on May 1, 2007, and published its Notice of Intent regarding the Amendment on May 2, 2007; and WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance" for failure to protect certain natural resources; and WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above - styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Florida Wildlife Federation and the Collier County Audubon Society were granted petitioners -in- intervention status on June 4, 2007; and WHEREAS, Buckley Enterprises, Hideout Golf Club, Ltd, and John L. Cowan and Jane Ann Cowan, Trustees were granted respondents -in- intervention status on July 24, 2007; and WHEREAS, the Local Government and the respondents -in- intervention dispute the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; 2of12 Za NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. C. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 07 -1ER adopted by the Local Government on January 25, 2007, as Ordinance No. 07 -18. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1)(b), Florida Statutes. f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. i. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with 3of12 2A and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case. k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. 4. Dismissal. If the Local Government completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes. 5. Description of Provisions not in Compliance and Remedial Actions; Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance. 4of12 2A 6 Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the Department as provided in Rule 9J- 11.0131(3), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 8. Acknowled ment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 9. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. a. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOAH and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. 5of12 za b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 10. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 11. Purpose of this Agreement: Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 12. Approval by Governing Body. This Agreement has been approved by the Local Government's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(16)(c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 14. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 6of12 2A 15. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above - captioned case and this Agreement. 16. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government. 17. Filiniz and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 19. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 20. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 23. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. 7of12 2A In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS I: Charles Gauthier, AICP, Director Division of Community Planning Date 8of12 Approved as to form and legality: Lynette Norr Assistant General Counsel Date COLLIER COUNTY ATTEST: DWIGHT E. BROCK, Clerk Date Approved as to form and legality: , .,x... 7. w ;Q" Steven T. Williams Assistant County Attorney 4'Y-6 Date 9of12 2A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Date FLORIDA WILDLIFE FEDERATION Nancy Anne Payton Date COLLIER COUNTY AUDUBON SOCIETY Bradley Cornell Date Approved as to form and legality: Thomas Reese, Esquire Date Approved as to form and legality: Thomas Reese, Esquire Date 10 of 12 2A ' BUCKLEY ENTERPRISES M. Date HIDEOUT GOLF CLUB, LTD Date Approved as to form and legality: Richard Yovanovich, Esquire Date Approved as to form and legality: Richard Yovanovich, Esquire Date 11 of 12 2A JOHN L. COWAN and JANE ANN COWAN, TRUSTEES By: Approved as to form and legality: John L. Cowan Michael A. Durant, Esquire Date 12 of 12 Date 2A 05123/2007 12:00 8509222679 May 23 2007 1153 DCA GENERAL COUNSEL PAGE RA STATE OF FLORIDA DEPARTMENT OF COM1vIUNITY AFFAIRS IN RE. COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT 07 -1ER AMENDING FUTURE LAND US.E ocket No. 07- ER -NOI -I 101- (A) -(N) ELEMENT ibIAP AND TEXT, THE CAPITAL IMPROVEMENTS ELEMENT. STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN ANIENI DMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs (Department), pursuant to Rule 9J- 11,012(6), Florida Administrative Code, hereby issues this Statement of Intent to find the Collier County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle Meade and the associated text amendments to the Future Lane! Use Element adopted by Ordinance Number 07-18, on January 25, 2007 not "in compliance ", and also finds the Capital Improvements Element, adopted by Ordinance Number 07 -07, on January 25, 2007, not "in compliance" based upon the Objections, Recommendations and Comments Report issued by the Department on July 28, 2006, which is hereby incorporated by reference. The Department Ends that the Amendments are not "in compliance" as defined in Section I63,3184(1)(b), Florida Statutes, because they are not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J -5, Florida Administrative Code, for the following reasons: I. CONSISTENCY 1VITH CHAPTER 163 FLORIDA STATUTES A- .., D RULE 9J -5 FLORIDA ADLMfNISTRATIVE CODE A. rvCOySISTENT >PROVTSIoNS EXHIBIT "A" May 23 2007 1153 05/2312007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 06/12 ZA 1. Ordinance NL o. 07 -18: Future Land Use Element and Mau Series Amendment: The inconsistent provisions of the Future Land Use Element and Map series pertain to changes to North Belle Meade Overlay as follows: Niatural Resource Protection: The Future Land Use Map as it pertains to Section 24, and the text changes on page 45 of the strike through and underline version of the plan as it pertains to Section 24 are not in compliance because: 1. It is internally inconsistent with the provisions of BIA, on page 44 of the strikethrough and underline version, pertaining to Red Cockaded Woodperkers (RCW) because the best available data indicate that Section 24 contains RCW habitat and therefore should be designated as Sending Lands consistent with the definition of Sending Lands in the County's comprehensive plan. According to the Comprehensive plan Sending Lands "are those lands that have the highest degree of environmental value and sensitivity and generally include signiricant wetlands, uplands, and habitat for listed species ". 2. The Future Land Use Map as it pertains to the Section 24 is also inconsistent with Rule 9J- 5.013(2)(b)4 which requires the County to conserve, appropriately use and protect wildlife habitat. This is because the best available data indicate that RCW habitat is present on Section 24 and as such the property should be designated as Sending Lands. 3. Furthermore, these amendments are not "in compliance" because they fail to respond appropriately to the best available data regarding environmental characteristics of Section 24. Rule 9J- 5.005(2)(a) t =AC, requires the comprehensive plan, as well as plan amendments to be based upon relevant and appropriate data and analyses. May 23 2007 11:54 05/23/2007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 07112 2A (Chapter t63.3177(6)(a), (d), & (8)., Florida Statutes (1=.S.); 91- 5.005(2) and (5), 9J- 5.006(3)(b)4., (3)(c) I., & 6.; 91- 5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida Administrative Code (FAQ]. 2. Ordinance #. 07,07; Capital Improvements, Element Changes; The inconsistent provisions of the Amendment under this subject heading are as fol lows: 1. The Schedule of Capital Improvements covers four years instead of five years as required. This is inconsistent with the requirement that local governments adopt and maintain as part of their comprehensive plan a Five -Year Schedule of Capital Improvements. 2. The funding sources for the identified improvements are not stated per year of improvement. Instead, it is stated for all the projects listed on the schedule for each type of capital facility. For example, in the case of roads, revenues will come from gas tax, impact fees, bond, carry forward, grants, developer contribution (i.e., Ave Maria), general fund, and transfers. As a result, it is not possible to determine if the project is funded by committed or planned sources in order to demonstrate the financial feasibility of the schedule. State law requires that projects be funded with committed sources of funds for years 1 through 3, and with committed and or planned sources in the 0 and 5`h years. 3. The projected revenues for each of the identified sources are not provided; as a result, it is not possible to demonstrate and determine the financial feasibility of the schedule, i.e., to determine that the County will indeed generate the funds from those sources to pay for the improvements. [Chapter 163.3164(32), 163.3177(2) & (3)(a), 163.3177(6)(a), (c), (8), & (I0)(e), F'.S., and 9J- 5.005(2)(a), (c), & (e), 9J- 5.006(2)(a), 9J- 5.0110)(b), (1)(t), (2)(b) l . & 2., & (2)(c) I., and 9J- 5.016(1), (2), (3)(b) t, 3, 4, 5, (3)(c)6, & 8, and (4), and 9J-5.019(4)(c) I., F.A.C] 3 May 23 2007 1154 2A 05/2312007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 08112 r B. Recommended remedial actions: The above inconsistencies may be remedied by taking the following actions: 1. Ordinance No. 07 -18; Future Land Use Element and Map Series Amendment: Revise the North Belle Meade Future Land Use Overlay Map to change the land use designation for Section 24 from Neutral Lands to Sending Lands in order to be consistent with the Sending Lands provisions of the Flag, as well as with amended Section of the plan pertaining to Red - Cockaded Woodpeckers (RCW), (page 44) of the revised Future Land Use Element (strikethrough and underline version). At the same time, the County should delete the additional requirements and limitations imposed on development in Section 24 (page 45) of the revised Future Land Use Element (strikethrough and underline version) and treat the Section 24 Sending Land the same way as other Sending Lands in North Belle Meade. 2. Ordinance No. 07 -07; Capital Improvements Element Changes: 1. Revise the Five —Year Schedule of Capital improvements to cover five years as required. 2. Indicate the funding sources for each improvement included on the schedule for every year listed for that improvement. If the funds are coming from multiple sources, indicate the percentage of the funds for that project that will come from each stated funding source. If project is to be funded by State, County, or private contributions, the schedule should indicate that, and in addition show the percentage that will come from each contributor. For private contributions, the agreement between the county and the private contributor that guarantees the funds should be referenced in the schedule and included as an attachment. For the first three years the funds must come from committed 4 May 23 2007 11:54 05/23/2007 12:00 8509222679 DCA GENERAL COUNSEL PAGE 09112 2A sources while for the remaining two years it could come from committed and or planned funding sources. You could use abbreviations to denote the funding sources and provide, as a footnote, the mcanin� of each abbreviation. 3. Provide data and analysis projecting the revenues and expenditures of the County for each of the sources that will be used to fund the capital improvements listed on the schedule and covering the duration of the schedule. The projections should include a brief historical perspective of the County's ability to raise money from each source and based on that provide a projection of funds for the future. The analysis should show that there are sufficient funds, after the expenditures are removed, to pay for the capital improvements listed on the schedule. Ii. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The Amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including the following provisions: 1. Natural Systems and Recreation Lands Goal (9)(a), Policy(b)l., 3., 4., regarding the protection of wildlife and wildlife habitats, with respect to Ordinance No. 07 -18; and 2. Land Use Goal (15)(a), Policy(b)2., regarding the development of a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting, among other things, wildlife habitats, with respect to Ordinance No. 07-18; and 3. Public Facilities Goal (I 7)(a), Policies (b)6, & 9, regarding the provision of public facilities, with respect to Ordinance No. 07 -07. B. Recommended remediaLaction. These inconsistencies may be remedied by revising the Amendment as described earlier in this statement of intent. 5 May 23 2007 1154 0512312007 12:00 8509222679 DCA GENERAL COUNSEL CONCLUSIONS I . The Amendment is not consistent with the State Comprehensive Plan. 2. The Amendment is not consistent with Chapter 9J -5, Florida Administrative Code. 2A PAGE 10112 3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida Statutes. 4. The Amendment is not "in compliance," as defined in Section 163.3184(1)(b) Florida Statutes. 5. In order to bring the Comprehensive Plan amendment into compliance, the County may complete the recommended remedial actions described above or adopt other ;remedial actions that eliminate the inconsistencies. sr.r Executed this day of May 2007, at Tallahassee, FIorda. 7 Mike McDaniel, Chief, Comprehensive PIanning Division of Community Planning Department of Community Affairs 2555 Shurnard Oak Boulevard Tallahassee, Florida 32399 -2100 2A.". , 11 EXHIBIT B FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS et al. v. COLLIER COUNTY et al. DOAH CASE NUMBER 07- 2317GM DCA Docket Number 07- ER -NOI- 1101- (A) -(N) This proposal will settle the issues cited in the Department's Statement of Intent to find the Collier County Comprehensive Plan amendment adopted by Ordinance 07 -18 Not in Compliance. The terms below apply to Section 24, Township 49 South, Range 26 East, located in the North Belle Meade Overlay of Collier County (Section 24). Sending Lands non - residential uses as they exist at the time of the adoption of this agreement, in Section II.B. LC) of the Future Land Use Element of the comprehensive plan, are allowed, except as otherwise provided in this Agreement for certain properties. Some or all Neutral Lands non - residential uses are allowed on certain properties as provided for later in this Agreement. 2. Residential uses are allowed. The development density shall be one (1) residential dwelling unit per lot of record or legal non - conforming lot of record as it exists on the date of adoption of this Agreement if no clustering takes place. 3. For any clustered development, the maximum density shall be one (1) residential dwelling unit per five (5) acres, or 0.2 residential dwelling units per acre. The minimum gross acreage for clustering a single residential development shall be 64 acres. 4. For any clustered development, the lot size shall not exceed an average of one acre, exclusive of areas to be dedicated, conveyed or set aside for right -of -way 2A purposes. Depending on the recommendations of the Red - cockaded Woodpecker (RCW) Habitat Management Plan required in paragraph 12 for clustered development, the lot size may be required to be less. 5. Interim, private water and sewer facilities shall be allowed to serve clustered developments until such time as County central water and sewer service becomes available. 6. For any clustered development, a minimum of eighty percent (80 %) of the native vegetation shall be preserved in a manner which is consistent with the Conservation and Coastal Management Element, Policy 6.1.2e. -g., as it exists on the date of the adoption of this agreement. For any development that is not clustered, ninety percent (90 %) of the slash pine trees shall be preserved, and a greater amount may be preserved at the discretion of the property owner, unless the RCW Habitat Management Plan recommends a lesser amount. Any clustered residential development requires participation in a RCW Habitat Management Plan and the requirements set forth in Paragraph 12 of this Agreement. Any non - residential development consistent with Neutral Lands non- residential uses, as authorized later in this Agreement for certain properties, requires participation in a RCW Habitat Management Plan and the requirements set forth in Paragraph 12 of this Agreement. 9. Specific additional development standards and use limitations /allowances for the Hideout Parcels in Section 24: 2 ' 2A a. Hideout will be authorized to cluster and construct 37 residential dwelling units on its parcels, in a single cluster, within the areas colored green on the attached map of Section 24. These dwelling unit figures are based upon total Hideout ownership in Section 24 (approximately 187 acres). b. Clustered residential development by Hideout shall take place only in the parcels colored green on the attached map, and shall be located in an area of the property determined by the RCW Habitat Management Plan to be most appropriate for development. For the location of the clustered development, the RCW Habitat Management Plan shall consider areas already developed and highly impacted, as well as areas contiguous to areas in the southeast part of Section 24 that are already developed and highly impacted. c. No development shall take place on the two Hideout parcels adjacent to the existing Hideout Golf Course (identified by striping pattern on the attached map of Section 24). d. All other cluster provisions and requirements for Neutral Lands shall be applicable to the three green Hideout parcels (identified on the attached map of Section 24) set aside for development purposes. These cluster provisions and requirements are set out in the Rural Fringe Comprehensive Plan Amendments adopted June 19, 2002, by Ordinance number 2002 -32, and incorporated into the comprehensive plan, and subsequently adopted into the Collier County Land Development Code, Ordinance No. 04 -41, as amended. ZA e. The three Hideout parcels colored green (identified on the attached map of Section 24) are limited to residential uses and associated accessory uses, essential services, and parks, open space, and recreational uses, as well as necessary infrastructure to serve such development — all as provided for in the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use Element in the Comprehensive Plan, and as stated in paragraph 12.f.(4)(b) of this Agreement. f. For the three Hideout parcels colored green and the two striped Hideout parcels (as depicted on the attached map of Section 24), which total approximately 81 acres, the native vegetation requirement in accordance with paragraph 6. of this agreement shall be approximately 65 acres. g. Hideout's approximately 65 acres of native vegetation shall be conveyed to Conservation Collier, a Home Owners Association, or other like entity, for the purposes of conservation and preservation. The conveyance shall be in the form of a conservation easement (CE), or other instrument acceptable to the entity. (1) The entity in whose favor the CE is granted shall be obligated to implement and maintain the RCW Habitat Management Plan that will be developed for this area in association with the Safe Harbor Agreement as described below. (2) Such entity shall provide financial assurances to Collier County, in the form of a bond, letter of credit, or equivalent, of its ability to 11 2a implement and permanently maintain this RCW Habitat Management Plan. h. As set forth in paragraph 8., for any clustered residential development and for any non - residential development, Hideout will participate in the Habitat Management Plan and all other requirements of Paragraph 12 of this Agreement. i. For any future redevelopment of the seven Hideout parcels colored yellow (identified on the attached map of Section 24) to change the use from golf course, these parcels are allowed to develop with any of the non- residential uses provided for in the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use Element in the Comprehensive Plan, and are subject to all requirements and limitations of Neutral Lands. 10. Specific additional development standards and use limitations for the Cowan parcels in Section 24: a. In accordance with paragraph 2 of this Agreement, on Cowan's parcels totaling 97.7 acres, Cowan is entitled to develop one (1) residential dwelling unit on each of his six (6) lots of record as they exist on the date of adoption of this settlement agreement if no clustering takes place. b. For clustered development, in accordance with paragraph 3 of this Agreement, the maximum density shall be one (1) residential dwelling unit per five (5) acres, or 0.2 residential dwelling units per acre, not to exceed 19 residential dwelling units on the Cowan property. 2A c. If Cowan chooses clustered development, Cowan, or his assigns, will participate in an RCW Habitat Management Plan and the requirements outlined in Paragraph 12 of this Agreement, and shall expend a sum of money to promptly implement the RCW Habitat Management Plan for Cowan's parcels totaling 97.7 acres. This initial amount ( "Initial Management Amount ") shall be no greater than $30,000.00. Once the RCW Habitat Management Plan is implemented, Cowan, or his assigns, agrees to fund the Initial Management Amount plus five percent (5 %) per year, which shall accrue annually, as an inflation adjustment. d. Up to two (2) clustered developments shall be permitted on Cowan's 97.7 acres. The cluster(s) shall be located in an area(s) of the property determined by the best available data, including the RCW Habitat Management Plan, to be most appropriate for development. e. Development within the Cowan southernmost approximately_16 -acre parcel (Lot 35, Naples Farm Sites, Inc., identified on the attached map of Section 24, the "Lot 35 Parcel ") next to the existing Hideout Golf Course (the seven parcels colored yellow on the attached map of Section 24) shall consist of road access and up to three clustered dwelling units. These dwelling units shall be part of the total number of clustered dwelling units assigned to the Cowan property. Accordingly, if three dwelling units are developed in the Lot 35 Parcel, then three dwelling units shall be subtracted from the total number of dwelling units, and Cowan may develop the remainder of units in a single cluster elsewhere on Section 24 0 2A Cowan property as set forth above. The lot sizes of the Lot 35 Parcel clustered dwelling units shall not exceed an average of one acre per lot, exclusive of areas to be dedicated, conveyed or set aside for right -of -way purposes. f. If clustering occurs, all other cluster provisions and requirements for Neutral Lands shall be applicable to the Cowan parcels set aside for development purposes. These cluster provisions and requirements are set out in the Rural Fringe Comprehensive Plan Amendments adopted June 19, 2002, by Ordinance number 2002 -32, and incorporated into the comprehensive plan, and subsequently adopted into the Collier County Land Development Code, Ordinance No. 04 -41, as amended. g. The Cowan parcels are limited to residential uses and associated accessory uses, essential services, and parks, open space, and recreational uses, as well as necessary infrastructure to serve such development — all as provided for in the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use Element in the Comprehensive Plan, and as stated in paragraph 121.(4)(b) of this Agreement. h. If clustering occurs, Cowan's approximately 78 acres of native vegetation shall be conveyed or granted by a conservation easement (CE) or deed (as determined by Cowan or his assignee) to Conservation Collier, a Home Owners Association, or other like entity, its successors and assigns, a non- exclusive easement, license, and privilege to enter upon, maintain, preserve and conserve such property and wildlife. 7 (1) The entity in whose favor the CE is granted shall be obligated to implement and maintain the RCW Habitat Management Plan that will be developed for this area referenced in paragraph 10c above and in association with the Safe Harbor Agreement as described below. (2) Such entity shall provide financial assurances to Collier County, in the form of a bond, letter of credit, or equivalent, of its ability to implement and permanently maintain this RCW Habitat Management Plan. As set forth in paragraph 8., for any clustered residential development and for non - residential development, Cowan will participate in the Habitat Management Plan and all other requirements of Paragraph 12 of this Agreement. 11. Specific additional development standards and use allowances for the Buckley parcels in Section 24: a. In accordance with paragraph 2 of this Exhibit B, on Buckley's parcels totaling approximately 81 acres, Buckley is entitled to develop one (1) residential dwelling unit on each of his six (6) lots of record as they exist on the date of adoption of this settlement agreement if no clustering takes place. b. For clustered development, in accordance with paragraph 3 of this Exhibit B, the maximum density shall be one (1) residential dwelling unit per five 2A (5) acres, or 0.2 residential dwelling units per acre, not to exceed 16 residential dwelling units. c. If Buckley chooses to cluster development, Buckley will participate in an RCW Habitat Management Plan and the requirements set forth in Paragraph 12 of this Agreement and agree to expend a sum of money to promptly implement the RCW Habitat Management Plan. This amount shall be $30,000.00 plus five (5) percent per year as an inflation adjustment. Once the RCW Habitat Management Plan is implemented, Buckley agrees to fully fund the ongoing maintenance costs. d. Only one clustered development shall be allowed on Buckley's approximately 81 acres, and that cluster shall be located in an area of the property determined by the best available data, including the RCW Habitat Management Plan, to be most appropriate for development. For the location of the clustered development, the RCW Habitat Management Plan shall consider areas already developed and highly impacted, as well as areas contiguous to areas in the eastern portion of Section 24 that are already developed and highly impacted. e. If clustering occurs, all other cluster provisions and requirements for Neutral Lands shall be applicable to the Buckley parcels set aside for development purposes. These cluster criteria are set out in the Rural Fringe Comprehensive Plan Amendments adopted June 19, 2002, by Ordinance number 2002 -32, and incorporated into the comprehensive 0 2A plan, and subsequently adopted into the Collier County Land Development Code, Ordinance No. 04 -41, as amended. f. If Buckley chooses to cluster residential development, the native vegetation requirement in accordance with paragraph 5. of this agreement is approximately 65 acres. g. If Buckley chooses to cluster residential development, approximately 65 acres of native vegetation shall be conveyed to Conservation Collier, a Home Owners Association, or other like entity, for the purposes of conservation and preservation. The conveyance shall be in the form of a conservation easement (CE), or other instrument acceptable to the entity. (1) The entity in whose favor the CE is granted shall be obligated to implement and maintain the RCW Habitat Management Plan that will be developed for this area in association with the Safe Harbor Agreement as described below. (2) Such entity shall provide financial assurances to Collier County, in the form of a bond, letter of credit, or equivalent, of its ability to implement and permanently maintain this RCW Habitat Management Plan. h. Notwithstanding the provisions of paragraph l La. -g. above, the Buckley parcels are not restricted to residential use, but rather are allowed to develop with any of the uses provided for in the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use Element in the Comprehensive Plan. 10 za i. The following conditions apply if Buckley chooses to develop any of the non - residential uses provided for in the Rural Fringe Mixed Use District Neutral Lands of the Future Land Use Element: (1) Rural Fringe Mixed Use District Neutral Land uses, with the exception of facilities for the collection, transfer, processing and reduction of solid waste and the exception of earth mining, may be developed if Buckley participates in a RCW Habitat Management Plan and agrees to expend a sum of money to promptly implement the associated RCW Habitat Management Plan. This amount shall be $30,000.00 plus five (5) percent per year as an inflation adjustment. Once the RCW Habitat Management Plan is implemented, Buckley agrees to fully fund the ongoing maintenance costs. (2) Non - residential Rural Fringe Mixed Use District Neutral Land uses shall be located in an area of the property determined by the best available data, including the RCW Habitat Management Plan studies, to be most appropriate for non - residential development. (3) For Non - residential Rural Fringe Mixed Use District Neutral Land uses in Section 24, native vegetation shall be preserved in a manner which is consistent with the Habitat Management Plan and the County's Conservation and Coastal Management Element, Policy 6.1.2e. -g., as it exists on the date of the adoption of this agreement. 11 2A 12. Safe Harbor Agreement a. Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) shall apply for and pursue a Safe Harbor Agreement with associated RCW Habitat Management Plan with the U.S. Fish and Wildlife Service for the approximately 81 acres (Cowan 97.7 acres and Buckley 81 acres) of land they own in Section 24 that are described in paragraph 9.f. b. If approved, the RCW Habitat Management Plan will require such management techniques as the mechanical or manual thinning of trees and understory, and the removal of combustible materials to levels which would permit a "controlled burn" that would not destroy, but would maintain, the presence of a sufficient amount of slash pine trees for RCW foraging and cavity tree nests. c. Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) agrees to pay all legal and permitting fees related to their effort to obtain approval of the Safe Harbor Agreement. Additionally, if successful in obtaining a Safe Harbor Agreement, Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) agrees to expend a sum of money to promptly implement the associated RCW Habitat Management Plan. This amount shall be $30,000.00 plus five (5) percent per year as an inflation adjustment. Once the RCW Habitat Management Plan is implemented, Hideout (and Cowan or Buckley at such time either Cowan 12 NVA, or Buckley chooses to cluster residential density) agrees to fully fund the ongoing maintenance costs. d. The Safe Harbor Agreement and associated RCW Habitat Management Plan must provide that Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) can develop 37 residential dwelling units (Cowan 19 units and Buckley 16 units) in the areas colored green (Cowan blue, and Buckley uncolored) as set forth on the attached map. The RCW Habitat Management Plan must also delineate the maximum area that may be cleared, in accordance with the applicable provisions of the Growth Management Plan, within the green areas (Cowan blue, Buckley uncolored) set forth on the attached map. The Safe Harbor Agreement must allow 20% of Hideout's approximately 81 acres (approximately 16 acres) (Cowan 19.54 acres and Buckley approximately 16 acres) to be cleared when development occurs. e. The County, Department of Community Affairs (DCA), Florida Wildlife Federation (FWF), and Collier County Audubon Society (CCAS) acknowledge that once the RCW Habitat Management Plan is implemented, the County shall defer to the federal and state agencies as to protection of other state and federal listed species that may be present on the approximate 81 acres of land owned by Hideout (97.7 acres owned by Cowan and approximately 81 acres owned by Buckley) and described in paragraph 91. Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) agrees to comply with 13 2A all federal and state listed species criteria for development within the areas that will be allowed to be cleared pursuant to the Safe Harbor Agreement. f. The County, DCA, FWF, and CCAS agree to not comment to any of the state and federal permitting agencies during the permitting process for the Hideout (and for Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) parcels so long as the following takes place: (1) The projects are clustered; and (2) The Safe Harbor Agreement with associated RCW Habitat Management Plan is approved and being implemented; and (3) The referenced CE or fee simple title is granted to the appropriate entity for management of the RCW habitat; and (4) Permit applications are consistent with this Stipulated Settlement Agreement and all provisions of the Collier County comprehensive plan, except they are not subject to: (a) the Conservation and Coastal Management Element, Objective 2.1 and subsequent policies; Goal 6 and subsequent objectives and policies, excluding policies 6.1.2e. -g., 6.1.4, 6.1.5, and 6.1.7; and, Goal 7 and subsequent objectives and policies; and, (b) the Future Land Use Element, Rural Fringe Mixed Use District, Neutral Lands, paragraph 2., ; Clustering, subparagraph d), minimum project size; Paragraph 3. Allowable Uses, subparagraphs 3.a), d) through h), j) through 14 2A p), r) and s) [these excepted uses are prohibited]; paragraph 5. Density Blending [this provision is not available for these parcels]. g. The FWF and CCAS further agree to use their best efforts to persuade the National Wildlife Federation and Audubon Society of Florida to refrain from commenting to any state or federal permitting agencies during the permitting process for the Hideout developments (and Cowan or Buckley developments at such time either Cowan or Buckley chooses to cluster residential density) so long as the following takes place: (1) See Subparagraphs 121 (1) through (4) immediately above. h. Should Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) be unable to secure an acceptable Safe Harbor Agreement with associated RCW Habitat Management Plan, or should the cost of implementing the RCW Habitat Management Plan exceed the sum of $30,000.00 plus the inflation factor set forth herein and no additional funding can be obtained, then Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) shall be deemed to have satisfied their Safe Harbor Agreement and associated RCW Management Plan obligations pursuant to this Agreement with the contribution of $30,000.00 toward management of the RCW habitat. In such an event, the remaining provisions and requirements relating to density, clustering, preservation and any other applicable development standards of this Stipulated 15 2A Settlement Agreement, and the Collier County GMP, except as excepted in paragraph 121(4) of this Agreement, remain effective and applicable to the Hideout (and Cowan or Buckley at such time either Cowan or Buckley chooses to cluster residential density) parcels in Section 24. The Collier County Comprehensive Plan will be amended as necessary to recognize and implement this Stipulated Settlement Agreement. This amendment will be initiated by Collier County at Collier County's expense, except that public notice expenses will be paid on a proportionate share basis by Collier County and the intervener property owners entering into this agreement. 16 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Cleric to the Board: Please place the following as a: ❑ Normal legal Advertisement (Display Adv., location, etc.) ❑ Other. Do Originating Dept/ Div: Comprehensive Planning Section of Person: Marcia R. Kendall, Senior Planner Date: 6/25 /2010 Land Development Services Department Petition No. (If none, give brief description): CP- 2007 -3; CP- 2008 -2; CP- 20084, CPSP- 2008 -7; and CP- 2009 -1 Petitioner: (Name & Address): Timothy Hancock, Davidson Engineering, 2154 Trade Center Way, Ste. 3, Naples, FL 34109; RWA, Inc. 6610 Willow Paris Drive, Naples, FL 34105; Hole Mantes & Associates 950 Encore Way, Naples, FL 34110; Miami -Dade County Florida, Parks & Recreation Department, 275 N.W. 2°d Street, OF], Miami Florida 33128 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZ,A Other Requested Hearing date: (Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): z Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: See attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No. If Yes, what account should be charged for advertising costs: #111 - 138317- 649100-00000 Reviewed by: M Division Administrator or Designee Date List Attachments: Pi-k ,-1s r I t ;t_ r A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ll1 I J I ' B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *########**#####*!#**####*##*##*##**########## R*#**#**!****** R**#*** R* R***** * * *RR * # *AR * * # * * * ## * # # #ARA�•R*RR FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: July 28, 2010 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Monday, July 12, 2010, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Section of Land Development Services, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a "FULL" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500112358 Account Number: 068778 1 �3 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Wednesday, July 28, 2010 at 9:00 a.m. in the Collier County Commissioners Boardroom, 3d Floor, W. Harmon Turner Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. The purpose of the hearing is to consider the adoption of amendments to the Growth Management Plan; specifically to the Future Land Use Element and Future Land Use Map and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series; The Ordinance titles are as follows: ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO, 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional development intensity of 360,950 square feet of commercial uses of the 2 3 �e t C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CPSP- 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 3 3 CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE /FLUM), to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. [Coordinator: David Weeks, AICP, Planning Manager] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, East Naples, Florida; and at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Land Development Services Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Wednesday, July 28, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 19 ki 3 T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S A1Nnoo abymoaB ALNnO3 30x0 W � Of 8 N N � d U C n 1 W O m N I S vi O W W Z N O x Q V I W vi ~ m V Q OOOi AINIIOJ AaoN3H W O M Q � BL -'a'S ti \ W CD �Z _ N Cc sz - a's ti W K \ m h P6 co N ¢ d ^ Cl 1 S O O N N a 0. v W ALNfloo 3:n Q C N y� W -•a*. 8 c4 z N -4s N SL -I m �s1 S W LO N Q v � - o DWI C3 Niextioo�� o Gulf o a�o 3 Patricia L. Morgan From: kendall_m [MarciaKendall @colliergov.net] Sent: Tuesday, June 22, 2010 7:43 AM To: Minutes and Records Cc: Bosi, Michael; Brock, Mary; NeetVirginia; Patricia L. Morgan; RodriguezWanda; Weeks, David; CamposKristin; Deane, Connie; Marcella, Jeanne; Lorenz, William Subject: 2007/2008 Combined Cycle GMP Adoption Amendments, including a 2009 Petition Attachments: Advertisement Request Route Sheet-07-08 Cycle GMPA.pdf; 07 -08 Trans Cycle BCC 15 day Ad.docx; 07 -08 Combined Cycle Adoption Advertisement Map. pdf Please forward the attached to Naples Daily News and provide confirmation copy as soon as available. This Display advertisement (due to the July 41" holiday) has a deadline date to Naples Daily News (as instructed by NON) Friday, July 2, 2010. However I would suggest forwarding it as soon as possible (as also suggested by NON). The Adis to appear in the Naples Daily News on Monday, July 12, 2010 or 15 days prior to a special BCC hearing, scheduled for BCC July 28, 2010. Should you have any questions, please advise as soon as possible, as I will be out of the office from July 5, 2010 through July 7, 201o, returning Wednesday, July 8`h, 201o. Thank you. Side note: Public Notice will be sent to Communications via separate cover, and the Agenda posted to the Comprehensive Planning Section of Land Development Services website "Hearings Schedule" page. Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall @colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ,... hy k] Acct. #068778 June 22, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: (Display Ad) CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009-1 (including Map) Dear Legals: Please advertise the above referenced notice on Monday, July 12, 2010. Please send the Affidavit of Publication in triplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*O* #4500112358 3 July 28, 2010 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Monday, July 12, 2010, and furnish proof of publication to the attention of Marcia Kendall in the Comprehensive Planning Section of Land Development Services, 2800 North Horseshoe Drive, Naples, Florida 34104 and to the Board's Minutes and Records Department, 3301 Tamiami Trail E., Naples, Florida 34112. The advertisement must be a "FULL" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER AN ORDINANCE Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500112358 Account Number: 068778 3 NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Wednesday, July 28, 2010 at 9:00 a.m. in the Collier County Commissioners Boardroom, 3rd Floor, W. Harmon Turner Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. The purpose of the hearing is to consider the adoption of amendments to the Growth Management Plan; specifically to the Future Land Use Element and Future Land Use Map and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series; The Ordinance titles are as follows: ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional development intensity of 360,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE ELEMENT FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CPSP- 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE /FLUM), to create the Dade - Collier 3 3 3 Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14, 15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. [Coordinator: David Weeks, AICP, Planning Manager] All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4'h floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, East Naples, Florida; and at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Land Development Services Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Wednesday, July 28, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 4 3 T 46 S T 47 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 S A1NnOO OaVMON8 A1NnO3 30VO W � N p17 S N d U C W 7 M cn cn m Q O W W Z N cn � O W z Q u I IN j W 'Z U m � Q A1Nnoo AWN3H W O �n Q m i � 6L -'a'S 6Z -'a•s w O U Y \V W CA � N 6a -'a s m � W 00 h l -J m � 1 p6 4 N U N 8� � n O N W O CL U N a v W A1NrIOO In r N 9 CL do O r mCL N h• W m m < d s N " use yW� p S dNilli �g W U i- WSp U7 a�g O � oiu of mo Gulf o� ��o nth o ' llier CLERK OF THE �2,- RC IT COURT COLLIER COUNTY OUR Dwight E. Brock 3301 TAMIAMI i --AIL EAST OUSE Clerk of Courts Clerk of Courts P.O. BOX 40044 Accountant NAPLES, FLORIDA'14101 -3044 Auditor w ' Custodian of County Funds June 22, 2010 Davidson Engineering Timothy Hancock 2154 Trade Center Way Suite 3 Naples, FL 34109 Re: CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009 -1 (including Map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Wednesday, July 28, 2010, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Monday, July 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, De Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com nt��� c►��c�llier CLERK OF THE &IT COURT Dwight E. Brock COLLIER COUNTY . OUR OUSE g Ck 3301 TAMIAMI EST Clerk of Courts Clerk of Courts P.O. BOX 44 Accountant NAPLES, FLORIDA'4101 -3Q44 Auditor ly Custodian of County Funds June 22, 2010 RWA, Inc. 6610 Willow Park Drive Naples, FL 34105 Re: CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009 -1 (including Map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Wednesday, July 28, 2010, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Monday, July 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deput lerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com CLERK OF THE C' j] Dwight E. Brock COLLIER COUNTY, Clerk of Courts 3301 TAMIAMI'I P.O. BOX 4 NAPLES, FLORIDA June 22, 2010 Hole Montes & Associates 950 Encore Way Naples, FL 34110 .,co 3 3 llier :C IT COURT BUR MOUSE Clerk of Courts AIL EAST 044 Accountant 4101 -3044 Auditor Custodian of County Funds Re: CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009 -1 (including Map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Wednesday, July 28, 2010, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Monday, July 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Depu y Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com ant 01fier CLERK OF THE C ROOT COURT D COLLIER COUNTY�OURI�,HOUSE Dwight E. Brock 3301 TAMIAMI'�1�AIL EST Clerk of Courts Clerk of Courts Accountant P.O. BOX 43044 ', NAPLES, FLORIDA 4101 -344 Auditor Custodian of County Funds June 22, 2010 Miami -Dade County Florida Parks & Recreation Department 275 N.W. 2nd Street 4t" Floor Miami, FL 33128 Re: CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009 -1 (including Map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Wednesday, July 28, 2010, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Monday, July 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy lerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com 9 Martha S. Vergara From: kendall_m [Marcia Kendal l @colIiergov.net] Sent: Wednesday, June 23, 2010 12:08 PM To: Martha S. Vergara; NeetVirginia Cc: Patricia L. Morgan Subject: RE: 231172735 BCC /COMPREHENSIVE PLANNING DEV Martha, While I cannot speak for Dinny, the advertisement looks good to me. You have my permission to proceed, accordingly. Thank you again for handling this before my holiday leave and extended mini - vacation. Most appreciated! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall(@collierRov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Wednesday, June 23, 2010 11:51 AM To: kendall_m; NeetVirginia Cc: Patricia L. Morgan Subject: FW: 231172735 BCC /COMPREHENSIVE PLANNING DEV Hi Ladies, Please review attached ad and let me know ASAP.. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha .vergara(@collierclerk.com - - - -- Original Message - - - -- 1 From: ccushman @naplesnews.com [mailto:ccushman @naplesnews.com] Sent: Wednesday, June 23, 2010 11:47 AM To: Martha S. Vergara Subject: 231172735 BCC /COMPREHENSIVE PLANNING DEV Proof for your review Ad #231172735full page running July 12th Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. K N CLERK OF THE C Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA June 22, 2010 Davidson Engineering Timothy Hancock 3530 Kraft Road Naples, FL 34105 'dllier 3 C�AT COURT URTHOUSE Clerk of Courts 1L EAST 144 Accountant ' 4101 -3t044 Auditor Custodian of County Funds Re: CP- 2007 -3; CP- 2008 -2; CP- 2008 -4; CPSP- 2008 -7; and CP- 2009 -1 (including Map) Dear Petitioner: Please be advised that the above referenced petitions will be considered by the Board of County Commissioners on Wednesday, July 28, 2010, as indicated on the enclosed notice. The legal display notice pertaining to this petition will be published in the Naples Daily News on Monday, July 12, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy lerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 8A • Monday, July 12, 2010 • Naples Daily News _PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE News section PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Wednesday, July 28, 2010 at 9:00 a.m. in the Collier County Commissioners Boardroom, 3Kd Floor, W. Harmon Turner Building, (Bldg. F.), County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. The purpose of the hearing is to consider the adoption of amendments to the Growth Management Plan; specifically to the Future Land Use Element and Future Land Use Map and Map Series, and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series; The Ordinance titles are as follows: ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR AN EFFECTIVE DATE. CP- 2007 -3, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrict to allow church and related uses, including schools,, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (CR 858), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of ±21.72 acres. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR AN EFFECTIVE DATE. CP- 2008 -2, Petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to expand and modify the Randall Boulevard Commercial Subdistrict to allow an additional development intensity of 360,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, consisting of ±56.5 acres. [Coordinator: Michele Mosca, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2008 -4, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series, to re- designate from Rural Fringe Mixed -Use District (RFMUD) Sending Lands to Neutral Lands property located on the east and south sides of Washburn. Avenue, east of the Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of ±28.76 acres. [Coordinator: Corby Schmidt, AICP, Principal Planner] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CPSP - 2008 -7, Staff Petition requesting an amendment to the Future Land Use Element to add a new Policy 4.11 pertaining to aligning planning time frames in the GMP. [Coordinator: David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- 1' in UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series (FLUE /FLUME, to create the Dade - Collier Cypress Recreation Area District within the Conservation Designation, for property located along the Miami - Dade /Collier County border, in Sections 13, 14,15 & 16, Township 53 South, Range 34 East, consisting of 1,608± acres. [Coordinator: David Wgeks, AICP, Planning Manager] a" a" La CA.� Collier Countli Florida All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendments are available for inspection at the Collier County Clerk's Office, 4th floor, W. Harmon Turner Building (Bldg. F.), Collier County Government Center, East Naples, Florida; and at the Land Develop- ment Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M,, Monday through Friday. Any questions pertaining to the document should be directed to the Land Development Services Department, Comprehensive Planning Sec- tion. Written comments filed with the Clerk to the Board's Office prior to Wednesday, July 28, 2010, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing; he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs an accommodation in order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan - Deputy Clerk (SEAL) No. 231172735 July 12. 2610 3 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 12, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Nap16s, in said Collier Counly, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiaAt) Sworn to and subscribed before me This 15th day of July, 2010 (Signature of notary public) a VAROL E KANGAS Notary Public - State of Florida '.c MY Gomm. Expires Jul 29, 2013 Ccmmissiort k DD 912237 8A • Monday, Jury t2, 20to • Naples Dany News Netts sscuon enspleanews cam .PUBLIC NOTICE PUBLIC NOTICE PUBLIC N077CP Pf TAT.TT Nn M 111 VT Inn Tr nr-v NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a pudic hearing will be hold by the Collier County Board of County Commissioner& on Wednesday, July 26, 2010 at 8:00 a.m. in the Collier County Commissioners Boardroom, 3rd Floor, W. Harmon Tumor Building, (Bldg. E). County Government Conto4 3901 East Tamlami Trail, Naples, Florida 34112. The purpose of the hearing Is to consider the adoption of amendments to the Growth Management Plan; specifically to the Future Land Use Element and Future Land Use Mapr and Map Series. and the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series; The Ordinance rifles are as follows: ORDINANCE NO. 1 D- AN ORDINANCE AMENDING ORDINANCE NO, 89 -D5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PUN FOR THE UNINCORPORATED AREA OF COWER COUNTY. FLORIDA BY PROVIDING FOR; AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES. PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR AN EFFECTIVE DATE. CP- 2007.3, Petition requesting an amendment to the (:olden Gate Area Master Plan end Lola D r'^^a A �idgiar Plon Futare LarSf. Uea Mao end Mno c -des to create the Mission Subdistrict to allow church and related uses, including school% adult care and child care and community outreach, with a maximum o} 80,000 square tact of total development. for property located on the south side of Oil Well Road (CR 866), 1/4 mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East, consisting of *21.72 acres, (Coordinator. David Weeks, AICP, Planning Manager] ORDINANCE NO. 10- AN ORDINANCE AMENDING ORDINANCE NO. 69-05, AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR AN EFFECTIVE DATE, CP- 2D08.2, Petition requesting an amendment to the Golden +are AMA Master Plan and Golden Gate Am, Master Plan re Inn tl Use Liao and Man SefiRs to expand and modify the Randall Boulevard Commercial Subdistrict to ad" an additional development Intensity or 360,950 square tact of commercial uses of the C-4 zoning distinct, with exceptions, for property located on the south side of Randall Boulevard, extending from 8th Street Northeast west to the canal on the west side of the Big Corkscrew island Fire Station, In Sections 26 and 27, Township 48 South. Range 27 East. consoling of *66.5 acres. [Coordinator. Michels Mosce, AICP, Principal Planner] ORDINANCE NO. 1 D- AN ORDINANCE AMENDING ORDINANCE NO, 89 -05. AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY. FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE CP- 2008.4, Petition requesting an amendment to the Future Land Use Element to re-deGgnste from Rural Fringe Mixod -Use District (RFMUD) Sending Lands to Neural Lands property located on the east and south sides of Washburn Avenue, east of the Naples tendril. In Section 31. Township 49 South, Range 27 East, consisting of .28.76 acres. ICoordina0or. Carty Schmidt, AICP, Principal Planner] ORDINANCE NO. 10- _ AN ORDINANCE AMENDING ORDINANCE NO. 89.05, AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA BY PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE ELEMENT PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE CPSP- 2W6-7, Staff Petition requssting an amendment to de Future Land Use Element to add a new Policy 4.11 Pertaining to aligning planning time homes In the GMP [Coordinator- David Weald, AICP, Planning Manager] ORDINANCE NO. 10. AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COWER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. CP- 2009 -1, Petition requesting an amendment to the Future Land Use Element am F m n d I i - d s !F IFl IA to create the Dade - Collier Cypress Recreation Area District within he Conservator, Designation, for property located along the Miami- Dada/Collier County border, In Sections 13, 14, 15 8 16. Township 53 South, Range 34 East, consisting of 1.8066 acres, [Coordinator. David Weeks, AICP, Planning Manager] CoFRaa' CAN"ift Morlds � avyrars [ ar+.. �r+ a All Interested parties are 4wked to appear and be heard. Copies of the proposed Growth Management Plan Anxsrndments are avallable for inspection at the Collier County Clerk's Office, 4th Boor, W. Harmon Tumor Building (Bldg, F,), Collier County Government Center, East Naples, Florida; and at the Land Develop- ment SwAces Department, Comprehensive Planning Section, 2900 N. Horseshoe Drive, Naples, Rorfde between the hours of li A.M. and 5:00 P.M.. Monday Through Friday. Any questions pertaining to the document should be directed to the Land Development Services Department, Comprehensive Planning Sec- tion, Wrlttan comments fled with the Gerk to he Board's Office prior to Wednesday. July 26, 2010, will be read and considered at the pudic hearing. If o person docldos to appeal any decision made by the Cdlior County Board of County Commisaionen vMh respect to any matter considered at such meeting or hearing, he will reed a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of he proceedings is made, which record includes the testimony and evidence upon which the appal is to be bused. It you are a person with a disability who needs an accommodation In order to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located of 3301 Tamiami Trail East, Building W, Naples. Florida 34112, 123 252 -8980. Assisted listening davlces for the hearing Impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK. CLERK By; Is/Patricia Morgan - Deputy Clerk (SEAL) ad �m rim. 3 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on July 12, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm V yorporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of afgant) Sworn to and subscribed before me This 15th day of July, 2010 kgdt _ (Signature of notary publi "I" *.` KAROL E KANGAS Notary Public - State of Florida U. My Comm. Expires Jul 29, 2013 ''•., <F,00'' Commission # DD 912237 3 n b b If! OI r If Of 34 W CC FS DV By 6 pop" s.l�l��s>�1.x�ACld ` 3A MEMORANDUM Date: August 12, 2010 To: David Weeks, GMP Manager Land Development Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Validated Ordinance: 2010 -31 Creating the Mission Sub - district (CP- 2007 -3) Attached for your records, is a copy of the above referenced ordinance, adopted by the Board of County Commissioners Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. Thank you. Attachment 3A r3 t MEMORANDUM Date: August 12, 2010 To: Heidi Ashton -Cicko Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -31: Mission Sub - district (CP- 2007 -3) Ordinance 2010 -32: Randall Sub - district (CP- 2008 -2) Ordinance 2010 -33: Sending to Neutral Lands (CP- 2008 -4) Ordinance 2010 -34: Aligning GMP time frames (CPSP- 2008 -7) Attached for your records, are copies of the Ordinances referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original documents in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachments (4) 3A MEMORANDUM Date: August 12, 2010 To: Ian Mitchell, BCC Manager Board of County Commissioners From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -31: Mission Sub - district (CP- 2007 -3) Ordinance 2010 -32: Randall Sub - district (CP- 2008 -2) Ordinance 2010 -33: Sending to Neutral Lands (CP- 2008 -4) Ordinance 2010 -34: Aligning GMP time frames (CPSP- 2008 -7) Attached for your records, are copies of the Ordinances referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original documents in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachments (4) ` 3A " MEMORANDUM DATE: August 12, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennej ohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2010 -31: Amending the Golden Gate Area Master Plan & Golden Gate Area Master Plan Future Land Use Map & Map Series creating the Mission Sub - district to allow a church and related uses, including schools, adult care, child care and outreach with maximum 90,000 square feet of total development, for property on the south side of Oil Well Road (CR 858),1/ mile west of Everglades Boulevard, in Section 19, Township 48 South, Range 28 East (±21.72 acres) Attached for your records, is a copy of the document referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment ORDINANCE NO. 10 -31 AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 3A WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Robert L. Duane of Hole Montes and Associates and Rich Yovanovich, of Coleman, Yovanovich & Koester, P.A., requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, to create the Mission Subdistrtict to allow church and related uses, including schools, adult care and child care and community outreach, with a maximum of 90,000 square feet of total development, for property located on the south side of Oil Well Road (C.R. 858),1/4 mile west of Everglades Boulevard in Section 19, Township 48 South, Range 28 East, consisting of 21.72± acres: and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, of the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and Words underlined are additions; words strtek through are deletions Golden Gate Area Master Plan Petition CP- 2007 -3 3A WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the transmittal and adoption of an amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series, of the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on June 15, 2010, and the Collier County Board of County Commissioners held on July 28, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words underlined are additions; words stpae# thFeugh are deletions 2 Golden Gate Area Master Plan Petition CP- 2007 -3 3A SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 010. ATTEST: DWIQH i` " )3,IdQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIR AN Approved as to form and legal suffiency: )A' 0(0 Heidi Ashton - Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words stFuek thFough are deletions 3 Golden Gate Area Master Plan Petition CP- 2007 -3 EXHIBIT A GOLDEN GATE AREA MASTER PLAN 3A CP- 2007 -3 Policy 1.1.2.: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: [Page 4] A. ESTATES -MIXED USE DISTRICT 1. Residential Estates Subdistrict 2. Neighborhood Center Subdistrict 3. Conditional Use Subdistrict 4. Golden Gate Parkway Institutional Subdistrict 5. Mission Subdistrict * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** A. Estates -Mixed Use District [Page 27] 5. Mission Subdistrict [Page 33] The Mission Subdistrict is located on the south side of Oil Well Road approximately one - quarter mile west of Everglades Boulevard and consists of 21.72 acres The purpose of this Subdistrict is to provide for churches and related uses including community outreach. The following uses are allowed: a) Churches. b) Child _care centers — must be not - for - profit and affiliated with a church within the Subdistrict. c) Private schools — must be not - for - profit and affiliated with a church within the Subdistrict. d) Individual and family social services (activity centers elderly or handicapped onlyi day care centers adult and handicapped only) — must be not -for- rofit and affiliated with a church within the Subdistrict e) Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure and conducting blood donation drives — must be not - for - profit and affiliated with a church within the Subdistrict Soup kitchens and homeless shelters are prohibited in this Subdistrict The maximum total floor area allowed in this Subdistrict is 90,000 square feet The maximum height of buildinas shall be 30 feet zoned height except the worship center Words underlined are added; words 64W& thFOug14 are deleted. Row of asterisks ( * ** * *" . * *) denotes break in text. 3A CP- 2007 -3 shall be permitted a zoned height of 35 feet Development in this Subdistrict shall be designed to be compatible with the existing and allowed future development in the surroundinq area. In the alternate to the foreaoing uses measures of development intensity, and development standards. this Subdistrict may be developed with single family dwellings in accordance with the Residential Estates Subdistrict Property adjacent to this Subdistrict shall not qualify for the Transitional Conditional Use FUTURE LAND USE MAP SERIES Golden Gate Area Master Plan Study Areas Golden Gate Area Future Land Use Map Golden Gate Parkway Institutional Subdistrict Mission Subdistrict CP- 2007 -3 Exhibit A per CCPC rec. and BCC approval for Transmittal G: \Comprehensive\COMP PLANNING GMP DATA \Comp Plan Amendments \2007 -2008 Combined Cycle Petitions \07 -08 RESOLUTION - FINAL \Exhibit A Text and Map Changes - ALL\CP -07 -3 Exhibit A Words underlined are added; words stFuGk f#FsLi@# are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. H co aD E LEGEND UNSAM 0lMIOMATIOM ESTATES DEEEOEIATI M Ei® IIME 91n�CT 10® V! 9Mi�pT pD..N NaaIDM, 9NaTD�DT p ®aN9M aiA,n >�9a� awn 9DnDENwE a.oamcr mw. uzs 9.NSNer ■ Parro� aNm1 eo-raau naosTeci ciP�eawwao aum seoMnecr DarReME 9.E.Di ■ N� � �99,. Da ■ �,,,,� ,MD�ND. .Nwc .sown aNml 9msnsn ■ m a rn o er x F Z a a 7 a F C O a a 0 H E Fut AoroTa AIENDEI -EN AMENDEE - ENDEI - ENDE( AMENDS[ wE.Ml AMENDEC AMENDED MENDED AYFODFp Am- -ENDED ca0. A—M a AMENaD pID. ND 1007 -19 wE— - DECaRER 4.2007 wo. NO. 2007— wE DAD - OCTa3ER t1, 2009 aaD. Na zoos -s9 EXHIBITA PETITIONCP- 2007 -03 A AOMICULflM1AL/MMRAL DEEMMMITMIM p — sDMAeN. — DN9a, OVEMLAYM AND MPECMLL FEATVMEB 10 GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD JI.MLC 0 1 MI. 2 MI. 3 M4 4 MI. 5 MI. PREPARED BY: QS/CAD MAPPING MCDDN COMMUNITY DEVELOPMENT AM) ENMRO MTAE SE aS DMSNk1 OATS: 9/Z P - CP-2007 -3-0MG R26E I R27E R28E 3A a_ _ Cl) O O C14 CL z 0 u U O W O z F A a w 00 CN 0 N w 0 00 o o o mivA3nnoia SA(]V-IE)U3A3 E- 00 0 00 Lo w 00 0 CY) P4 C) W W w P C,4 (N co (]VON 33-lV)qoyqVyl 00 F- 0 ot, wo 05 00 Ln cl� Z cli < 2 7(03NVA3-iinoa NOS11M '3� zz", Z 'o O STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -31 ' 3A Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. BROCK Clerk of Courts and•,C1erk. Ex- officio. to Bo.axd'` of County Commi ss;or ors r ti By: Ann ennejohn, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original A documents are to be forwarded to the Board Office only after the Board has taken action on the item.) jUJ -3� ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) a G; 2. 07 -28 -10 Agenda Item Number 4 GMPA AgendFF"jj� �� Approved b the BCC 3. �� Type of Document 4. Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Ian Mitchell, Supervisor, BCC Office Board of County Commissioners �Iti p 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Casalanguida Phone Number 252 -6064 Contact ammoiDriat e. (Initial) Applicable) Agenda Date Item was 07 -28 -10 Agenda Item Number 4 GMPA AgendFF"jj� �� Approved b the BCC /� �� Type of Document Developer Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not ammoiDriat e. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from %A5 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board ex 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 07 -28 -10 (enter date) and all changes 161 made during the meeting have been incorporated in the attached document. The 1 County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: August 2, 2010 To: Lauren Beard, Transportation Planning From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Emergent Development DCA Amendment Enclosed please find one (1) original of the document as referenced above (Agenda Item OB), approved by the Board of County Commissioners on Wednesday, July 28, 2010. You will also receive a recorded copy when completed. The Minutes & Records Department has kept the original document as part of the Board's permanent record. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure INSTR 4459406 OR 4591 PG 1762 RECORDED 8/212010 4:24 PM PAGES 52 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $443.50 DEVELOPER AGREEMENT EMERGENT DEVELOPMENT f 3 B THIS AGREEMENT ( "Agreement") is made and entered into this ate day of 2010, by and between Emergent Development Group, Inc., a Florida corporation (hereinaft referred to as "Developer ", whose address is 3055 Terramar Drive, Naples, Florida, 34119, pursuant to the authorization set forth in the Amended and Restated Agreement & Restrictive Covenant filed with the GMP Amendment petition, and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, a political subdivision of the State of Florida (hereinafter referred to as "County ") PAC of Collier, Inc., a Florida corporation, (hereinafter referred to as "PAC "), and Big Corkscrew Island Fire Control & Rescue District, (hereinafter referred to as "Fire District "). PREFACE This is a companion Agreement to Developer's application with the County (Petition CP- 2008-2) to amend the County Growth Management Plan for the Golden Gate Area Master Plan (the "GMP Amendment ") to add the Proposed Development parcels to the GMP's existing Randall Boulevard Commercial Subdistrict, and is contingent upon the adoption of this amendment. Exhibit J shows the ownership parcels as they presently exist. Exhibit L shows the ownership parcels once the obligations set forth in this Agreement have been completed. As a precondition to fully developing the project, and as detailed below, transportation improvements are required, including the widening of Randall Boulevard, which is hereinafter referred to as the "Road Project." This is a multiparty transaction. In order for Developer to assemble the intended Development, various land parcels will need to be exchanged among a number of parties, and relocation of existing public facilities must be accomplished. The Fire District will exchange Fire District Parcels A and B (which are legally described in the following recitals), in return for the North One Half (1/2) of the "Swap Parcel" (which is legally described in the following recitals). PAC, which will receive Fire District Parcel A, will relocate the Fire Station building from Fire District Parcel A to the North One Half (1/2) of the Swap Parcel. PAC will then be able to utilize the Fire District Parcel A to expand its present commercial center by 20,000 sq. feet. The County will exchange its current property (which is legally described in the following recitals), noted on Exhibit L as the "County Parcel," a portion of which is presently utilized by the State Forestry Service, in return for Fire District Parcel B, which will be used as a retention pond for the Road Project. Proceeds in this transaction will be used by the County to purchase from the Fire District the South One Half of the Swap Parcel, and Developer will pay the costs of relocating the State Forestry Service to the South One Half of the Swap Parcel. The Developer will then be entitled to ultimately construct 340,950 square feet of commercial uses. No impact fee credits are granted in this Agreement. 1 of 16 m REMALS: WHEREAS, Developer has legal control over approximately 36.22 acres of property in unincorporated Collier County, Florida (the "EDG Parcels "), on which a commercial planned unit development is proposed in combination with other lands referenced herein; and WHEREAS, County owns a + 5.46 -acre parcel in Collier County (hereinafter referred to as the "County Parcel" and which is legally described as Tract 126, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida) a portion of which is leased to the State of Florida, Division of Forestry Service; and WHEREAS, Fire District owns one ± 2.31 -acre parcel in Collier County on which is located a firehouse, administration building and a communication tower ( "Fire District Parcel A" which is legally described as The West One Half of Tract 54, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida, LESS Immokalee Road right -of -way) and owns another ± 5 -acre unimproved parcel ( "Fire District Parcel B" which is legally described as Tract 55, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida,) which abuts the southern boundary of Fire District Parcel A (collectively the "Fire District Parcels "); and WHEREAS, Developer also has control over a + 5.46 -acre parcel in unincorporated Collier County which is currently unimproved (the "Swap Parcel" which is legally described as Tract 17, Golden Gate Estates Unit No. 24, according to the plat thereof recorded in Plat Book 7, Page 11, of the public records of Collier County, Florida,) and which is proposed to be exchanged for the Fire District Parcel B; and WHEREAS, PAC of Collier, Inc., owns and operates a shopping center on a parcel (the "Shopping Center Parcel" which is legally described as The East One Half of Tract 54, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida, LESS Immokalee Road right -of -way) located to the East of Fire District Parcel A; and WHEREAS, County will be widening and/or reconstructing and/or realigning the intersection of Randall Boulevard and/or Immokalee Road in connection with the widening (the "Road Project "); and WHEREAS, the Road project will require the County to acquire lands from the EDG Parcels, the Shopping Center Parcel, the Fire District Parcel A, and to utilize a portion of the County Parcel in order to construct the Road Project, which may negatively impact the size, location and types of uses which exist or which may be allowed on these parcels; and WHEREAS, the impacts of the Road Project upon the County Parcel may require the County to relocate the facilities of the Division of Forestry Services to other property; and 2of16 I WHEREAS, the Road Project may require changes to the existing access from Immokalee Road and Randall Boulevard to the Fire District Parcel A, the Shopping Center Parcel and the County Parcel; and WHEREAS, the County would otherwise incur obligations to compensate the owners of the various parcels for lands needed for the Road Project; and WHEREAS, Developer proposes to develop the EDG Parcels, Fire District Parcel B and the County Parcel as a commercial planned unit development (the "Proposed Development "); and WHEREAS, PAC of Collier, Inc., proposes to expand and develop the Shopping Center Parcel by combining it with Fire District Parcel A, as a commercial planned unit development (the "Proposed Development B "); and WHEREAS, the Developer will also be filing an application with the County to rezone the Proposed Development parcels from their current zoning classification of Estates to Commercial Planned Unit Development; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Proposed Development concurrent with their impacts of the Proposed Development occur on said public facilities; and WHEREAS, it is determined that this Agreement provides the specific mitigation stipulations necessary to comply with Growth Management Plan (GMP) Transportation Element Policy 5.1 to make the Proposed Development and Proposed Development B consistent with the GMP; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The Developer will convey to County, at no cost to County, + eighty feet (80') of right -of -way. Fifty feet (50') located within the existing road easement shall be conveyed by Quit Claim Deed , and another +/- thirty feet (30') of additional right -of -way shall be conveyed by Warranty Deed to County, at no cost to County, along the entire Randall Blvd frontage of the property as depicted more accurately in the attached Exhibit "I ". This right -of -way conveyance is sufficient for the construction of the Road Project as depicted in Exhibit `B ". Total acreage + 6.8 acres (estimate). These right -of -way conveyances must occur prior to the approval of the First 3of16 m Site Development Plan for Phase I of the Proposed Development. To avoid the demolition and reconstruction of a partial sidewalk, the sidewalk required along the Developer's frontage on the southern edge of Randall Boulevard will be constructed as part of the Road Project. The sidewalk will be constructed within the eighty feet (80') of dedicated right of way at the Developer's sole cost and expense. The County and the Developer agree to provide approximately fifteen (15) ft of temporary shared cross access, slope and construction easements on each side of the newly dedicated right of way line in order to accommodate construction by either party as the Road Project or the development proceeds. 3. Once the Road Project is funded and within the Five Year Capital Improvement Element ( "5 Yr CIE "), the County will provide Developer at least eighteen (18) months notice before construction on the Road Project is to commence. No later than fifteen (15) months prior to the scheduled commencement of construction of the Road Project, or within ninety (90) days after the approval of the Rezone of the Proposed Development, whichever is sooner, the Fire District shall convey Fire District Parcel B to the Developer in exchange for the North One Half of the Swap Parcel. Then the Developer and County will exchange the +5 -acre Fire District Parcel B with the County -owned 5.46 -acre County Parcel. Developer shall also pay to County $11,500.00 to account for the .46 -acre difference between the parcels. Finally, the Developer will purchase for $125,000.00, at the same time as the aforementioned transaction, the Fire District Parcel B, and then donate it to the County to provide for water management from the widened roadway and the Proposed Development. Within ninety (90) days of the County provided notice as referenced earlier in this paragraph, the Developer shall commence the design, permitting and construction of the water management improvements to accept an estimated 11.2 acre /feet of stormwater, as determined by the Developer's engineer and the County, to accommodate the Proposed Development and the Road Project. The final determination of the number of acre feet will occur at the time of rezoning. The water management improvements shall also consist of a Randall Boulevard storm sewer trunk line. These improvements are more particularly depicted in the attached Exhibit "G" and are to be completed at the sole cost and expense of the Developer. The Road Project storm water improvements are to be ultimately constructed compatible with the Developer's water management system as depicted on Exhibit "H ". The initial construction of the Phase I Developer's project shall include the design, permitting and construction of drainage improvements consistent with Exhibit "F". Should the Developer fail to commence permitting of the water management improvements within this ninety (90) day period subsequent to notice, or fail to construct the water management system in a commercially reasonable manner, the County may proceed to construct the water management system, subsequent to written notice to the Developer, consistent with Exhibit "G." The Developer shall within ninety (90) days of notice from the County, reimburse the County for the necessary and reasonable documented costs of construction, and shall provide to County all plans, permits and necessary easements with respect thereto. Unless the County constructs the water management improvements on Fire District Parcel B, all materials excavated from Fire District Parcel B are the property of the Developer for use as fill on the Proposed Development site. All of the Core Development Parcels (EDG Parcels), as identified in Exhibit "J," will be owned by the Developer, its affiliates or assigns, as a condition of the Planned Unit Development Rezoning approval for the Proposed Development. The North One Half of the Swap Parcel will be owned by Developer or conveyed to Fire District as a condition of approval of the first site development plan approval for Phase I of the Proposed Development. The Fire District shall convey Fire District Parcel A to PAC, its affiliates or 4of16 to assigns, for incorporation into Proposed Development B. Except as to the Quit Claim Deed, referenced in Section 2, all conveyances to be accomplished under this Agreement shall be free and clear of all liens and encumbrances, excepting easements for access, right -of -way, utilities or oil, gas and mineral reservations. Each party acting as a Grantor pursuant to this Agreement shall be responsible for costs of recording title work and searches and promptly removing any liens or encumbrances revealed in any title work for the properties that the Grantors are to convey. It is recognized by the Developer, PAC and the County that the exhibits for water management, right - of -way conveyance and road design are conceptual in nature and will be finalized at the time of the rezonings for the Proposed Development and the Proposed Development B. 4. The Developer will provide for a local access route through the Proposed Development that will assist in accommodating traffic movements through the existing Randall Boulevard Commercial Subdistrict, as depicted by the "cross- hatch" local access road segment in the attached Exhibit "O." The design of these access points will be a joint effort between the County Transportation Department, their Road Project engineering consultant, the Developer and the owners within the existing Randall Boulevard Commercial Subdistrict. Developer shall grant the owners within the existing Randall Boulevard Commercial Subdistrict an easement for ingress and egress, and utilities, consistent with the final Phase II road design plan as depicted in the attached Exhibit "D." Total acreage = + .5 acre. 5. The Developer, per the terms herein, will agree to relocate the Forestry Service facility to the South One Half of the Swap Parcel — eliminating a financial obligation of the County to facilitate this forced relocation. The Developer will ensure full liability insurance coverage during the relocation, and assume full financial responsibility for the relocation. 6. The Developer and PAC agree to provide local access roadways through their existing sites, consistent with the final Phase 11 road design plan as depicted in the attached Exhibit "O." Should any party to this Agreement wish to modify Exhibit "O" at any point during the term of this Agreement, written approval for the proposed changes must be granted by the Developer, County and PAC prior to the changes going into effect. 7. The County shall reserve capacity within its transportation system for an additional 360,950 square feet ( "SF "), 285,950 SF for new retail and the remaining 75,000 SF for new office for the Proposed Development and Proposed Development B, as depicted in Exhibit "A ". The dedications and other improvements and contributions by the Developer satisfy all off -site mitigation and fair share requirements for the Proposed Development and Proposed Development B, including compensating rights -of -way easements for turn lanes. Within the fifteen (15) ft temporary shared cross - access, slope and construction easement on the Proposed Development and Proposed Development B lands, Developer and PAC shall provide a ten (10) ft Type D landscape buffer with the same types and numbers of plants as would be required by the Land Development Code in effect on the date of this agreement for a twenty foot (20') foot deep Type D landscape buffer; as depicted in exhibit "N ". Prior to award of the First Contract for the Road Project, Developer shall be limited to and is approved to construct up to 100,000 SF of retail uses ( "Phase I "), as depicted in Exhibit "C." Developer shall be required to construct interim site related access improvements for Phase 1, excluding sidewalks, as designed in Exhibit "C" and Exhibit "F." If impact fee receipts from the Proposed Development are sufficient to fully 5of16 38 construct the Phase II Road Project, or if sufficient funds are prepaid to fully construct the Phase II Road Project, as defined within Exhibit `B," the County shall proceed with construction of the Road Project in a commercially reasonable manner, consistent with its obligations in the Developers Agreement for Oil Well Road, and the Developer shall be able to construct above 100,000 SF. No Certificates of Occupancy would be granted in excess of 100,000 SF until the Road Project was substantially completed, although the County Manager or his designee can waive this Certificate of Occupancy limitation if adequate roadway capacity is available and all health safety and welfare considerations have been addressed. 8. Attached as Exhibit "A" is the master plan for access to the Proposed Development, and the expanded Randall Boulevard Commercial Subdistrict. The County may require construction of turn lanes for necessity of public safety; however, the driveway locations depicted in Exhibit "A" shall not be closed, modified, restricted or relocated unless agreed to in writing by the County, the Developer and PAC for their respective access points. Modifications to the median shall be at the sole discretion of County without claim for damages by the Developer. PAC's approval shall not be required for any closure, modification, restriction or relocation for any of the driveway locations except the westernmost driveway location. 9. The costs of all traffic signalization at the intersection of Eighth Street NE and Randall Boulevard shall be the responsibility of the Developer. The traffic signal shall be subject to a warrant study. 10. The Developer, through a purchase agreement with the owner of the Swap Parcel, has control over a + 5.46 acres of land located on the SE corner of the intersection of Randall Boulevard and 8th St NE, which is legally described as Tract 17, Golden Gate Estates Unit No. 24, according to the plat thereof recorded in Plat Book 7, Page 11, of the public records of Collier County, Florida, Property Appraiser's Folio No.37801360006. The Swap Parcel shall be added to and included in the Planned Unit Development ( "PUD ") rezoning application for the Proposed Development. The uses required to be approved for the Swap Parcel are emergency services uses as set forth in this Agreement, including specifically a fire station, division of and a State of Florida Forestry Service facility and administration building(s). If the GMP Amendment and rezoning for the Proposed Development and the Swap Parcel are approved as required by Section 15, the Developer agrees to exercise this option purchase agreement consistent with the timeframes identified in Section 3. Should the Swap Parcel not be approved for rezoning for the emergency services uses set forth in this Agreement, all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement; however Developer will still be obligated to sell to the County thirty feet (30') of additional right -of -way, the purchase price for which shall not exceed $25,000.00 per acre. 11. In addition, the Developer agrees to provide at its sole cost and expense both financial and professional support in the budgeted amount of $650,000.00 for the preparation, design, entitlement and development of the Swap Parcel to receive relocation of the Forestry Service facility. 6of16 1 12. In addition, PAC agrees to provide at its sole cost and expense financial support up to a maximum of $350,000.00 dollars for the acquisition of Fire District Parcel A, and the preparation, design, entitlement and development of the Swap Parcel to receive the relocation of the existing Fire District facility, or an equivalent value in cash, at the Fire District's discretion. Any cost overrun above $350,000.00 will be borne by the Developer, up to the Developer's maximum cap of $650,000.00. Any cost overruns above the combined budgeted amount of $1,000,000.00 for the preparation, design, entitlement and development of the Swap Parcel, relocation of the Forestry Service facility and Fire District buildings and acquisition of Fire District Parcel A shall be borne by the Developer. 13. PAC, per the terms herein, will agree to relocate the Fire Station facility to the Swap Site — eliminating a potential financial obligation of the County to facilitate this relocation. PAC will ensure full liability insurance coverage during the relocation, and assume full financial responsibility for the relocation. 14. As part of the swap transaction as defined within this Agreement, the Fire District, subsequent to their taking ownership of the Swap Parcel, agrees to sell to the County the southern half (2.73 acres) of the North One Half (1/2) of the Swap Parcel, in exchange for $68,250.00 cash. The County will lease to the Forestry Service the South One Half (1/2) of the Swap Parcel, per terms to be agreed upon between the County and the Forestry Service. The County agrees to utilize this parcel for the benefit of the Forestry Service for a minimum of ten (10) years from the date of this Agreement. 15. In the event that Developer's GMP Amendment Petition CP- 2008 -2 fails to gain final approval, the Agreement automatically terminates, and all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement. In the event that Developer's Planned Unit Development rezoning of the Proposed Development and the Swap Parcel is denied or is approved without Developer's approval to include less than all of the uses and building square feet requested in Petition CP- 2008-2, Developer may terminate this Agreement and if so terminated all parties to this Agreement shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement; however Developer will still be obligated to convey to the County for compensation those lands identified in this Agreement as thirty feet (30') of additional right -of -way for the expansion of Randall Boulevard. The purchase price for which shall not exceed $25,000.00 per acre. In the event the Developer's GMP Amendment Petition CP- 2008 -2 is approved, but the Planned Unit Development rezoning of the Proposed Development is declined for a 2 "d time or more, and the Developer wishes to continue to pursue the Proposed Development, the County or the Fire District may terminate this Agreement and if so terminated, the County, the Fire District, the Developer and PAC shall be held harmless and relieved of any and all liability with respect to any and all of the rights and obligations of this Agreement with respect to the Swap Parcel, County Parcel and Fire District Parcels; however Developer will still be obligated to convey to the County thirty feet (30') of additional right -of- way for the expansion of Randall Boulevard. The purchase price for which shall not exceed $25,000.00 per acre. 7of16 was 16. PAC agrees to acquire the existing Fire District Parcel A (the West One Half of Tract 54, Golden Gate Estates Unit No. 23, according to the plat thereof recorded in Plat Book 7, Page 9, of the public records of Collier County, Florida, LESS Immokalee Road right -of -way) with an address of 13240 Immokalee Rd, Property Appraiser's Folio No. 37744080003, for the purchase price of $57,750.00, in the timeframe consistent with that outlined in Section 3. PAC shall lease back to the Fire District the District's existing administration building located on the back portion of Fire District Parcel A. Said lease shall be for a period of no more than three (3) years subsequent to the acquisition at a cost of one dollar ($1.00) per year, but with the lease to expire no earlier than December 21, 2019, unless authorized in writing by the Fire District. The Fire District shall at its sole cost and expense maintain and insure the administration building and the portion of Fire District Parcel A leased to the Fire District, and pay the Property Tax for the administration building improvements, but not the land on which the building is located during the lease. 17. There exists on Fire District Parcel A a communication tower facility which is leased from the Fire District to American Tower. American Tower in turn subleases a portion of its facilities to Collier County for emergency management services. A copy of those leases is attached as Exhibit "P." PAC agrees to assume the leases at the time PAC acquires the Fire District Parcel A, and be bound by the obligations of said leases. 18. The Developer and PAC agree to work directly with the Fire District, the County and the Forestry Service to design the detailed site plan for the Swap Parcel. Attached as Exhibit "M" is a preliminary conceptual site plan. The Swap Parcel will be owned by two (2) legally separate entities (The County and the Fire District), per the terms outlined within Section 14. For all purposes of permit approvals and compliance with the Collier County Growth Management Plan, Land Development Code, and Administrative Code, the Swap Parcel shall be treated, reviewed and approved as one parcel /lot, notwithstanding that it will have divided ownership between the Fire District and the County. Developer and PAC shall apply for permits, design and develop (per the terms in Sections 11, 12, 13 & 14) the Swap Parcel as one project so as to best accommodate the emergency services which will operate on the site and to optimize the developable areas for these emergency services. 19. The Developer agrees to design and construct water /sewer lines to the eastern edge of the Proposed Development so that utilities services are available to the Swap Parcel. It will also be the financial responsibility of the Developer to construct the Swap Parcel site and building improvements necessary to tap into those lines. All other financial responsibility for the design, entitlement and construction of the Swap Parcel will be borne by the Developer and PAC, as referenced within this Agreement. The construction of private and public infrastructure improvements and relocation of the Forestry Service facility and the Fire Station facility shall occur in the following sequence prior to commencement of construction of the Road Project: A. Developer and PAC at their sole cost and expense shall obtain permits, complete site grading, construct parking areas, build pads and on -site water management areas for the relocation of the Forestry Service facility and the Fire District facility on the Swap Parcel, with the site to be turn -key ready to receive the relocation of the Fire Station facility and the Forestry 8of16 we# Service facility no later than sixty (60) days prior to the planned commencement of any construction on the Road Project. B. Developer shall relocate the Forestry Service facility to the Swap Parcel, and PAC will relocate the Fire Station facility to the Swap Parcel, with both facilities relocated and fully operational, no later than sixty (60) days prior to the planned commencement of any construction on the Road Project, pending the availability of water and sewer service from the OrangeTree Utility Company ( "OTUC ") at the Swap Parcel. If water and sewer service is not yet available at the time the Road Project commences, the extension of the water /sewer lines to reach to the Swap Parcel will be embedded in the Road Project construction tasks at Developer's cost, and the relocation of the Forestry Service facility and Fire Station facility to the Swap Parcel will be scheduled to occur within thirty (30) days after water /sewer access is made available to the Swap Parcel. Responsibility to accommodate vehicular access into and out of the existing Forestry Service and Fire District sites, from the commencement of the Road Project until water /sewer access becomes available, will fall on the Transportation Department. These dates and obligations can be extended by the County Manager and the Fire Chief for good cause shown. C. Developer shall take no more than five (5) business days to relocate the Forestry Service facility so that operation of the facility can resume thereafter; however if relocation of the Forestry Service facility takes longer than five (5) days, Developer shall provide temporarily an operating facility acceptable to the County and Forestry Service until the forestry building has been relocated, and an occupancy permit granted. D. PAC shall take no more than ten (10) business days to relocate the Fire District facility so that operation of the facility can resume thereafter; however if relocation of the Fire District facility takes longer than ten (10) days, PAC shall provide temporarily a facility acceptable to the County and Fire District, if needed, until the Fire Station has been relocated, and an occupancy permit granted. E. The Developer shall obtain permits at its sole cost and expense for the water management facilities to be located on the Fire District Parcel B, and Developer at its sole cost and expense shall excavate and construct the on -site water management facilities on Fire District Parcel B, to be completed in the timeframe consistent with that outlined in Section 3. The Developer shall obtain permits and construct and deploy at its sole cost and expense, a drainage pipe to accommodate water management facilities from the Development to Fire District Parcel B. The minimum required twenty (20) ft drainage easement is to be located within the eighty (80) foot right -of -way along the southern side of Randall Boulevard, and then thru the Fire District Parcel A site. PAC provides explicit authorization of this drainage easement as a party to this Agreement. The drainage easement shall be constructed in the approximate location depicted in Exhibit "H ". The water management on the EDG Parcels shall be designed and constructed to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to Fire District Parcel B. The water management facility referenced herein shall be completed in the timeframe consistent with that outlined in Section 3. The Rezone and/or development and construction of Phase I, as contemplated in Section 7 herein, shall not trigger any of the obligations in this Section 19. 9of16 t) 38 F. PAC shall obtain permits and construct, at the PAC's sole cost and expense, a water management facility thru Fire District Parcel A, as referenced in Section 19E herein. The water management on the PAC Parcel, the Fire Station Parcel A and the Proposed Development B shall be designed and constructed to accommodate utilities and to accept and treat water management from the access road and convey water management from the Road Project and the improved EDG Parcels/Proposed Development to Fire District Parcel B. PAC shall grant to Developer and to County easements for ingress and egress, utilities, and water management as may be necessary to implement these provisions. The private local access road changes referenced herein (Exhibit "D ") that impact either the PAC Parcel or the Fire District Parcel A shall be included as a condition of the Planned Unit Development Rezoning approval of the Proposed Development B, with constructed improvements and access to be coordinated with the planned commencement of any construction on the Road Project. 20. Relocations of the Forestry Service facilities and the Fire District facilities within close proximity to their current operations are deemed to be revenue neutral for purposes of all impact fees and no impact fees shall be charged or collected for the facilities to be relocated and /or constructed on the Swap Site. Legal Matters 21. The burdens of this Agreement (including the option to purchase), shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Property Swaps. 22. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 23. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 24. All parties shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. County shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to all parties upon request. 25. The parties hereto shall do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 10 of 16 wag 26. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES TO FOLLOW 11 of 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AffPc, '; � '�r: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA and form By: FRED W. COYLE, Chairman REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGES TO FOLLOW 12 of 16 AS TO DEVELOPER AND PARTICIPANTS: Signed, sealed and delivered in the presence o£ State of Florida ) )ss. County of Collier ) EMERGENT DEVELOPMENT GROUP, INC. Flo i a orporation By: XA'P. Sullivan, President (Attorney -in -Fact) The foregoing instrument was acknowledged before me this 23rd day of July, 2010, by John P. Sullivan, President of Emergent Development Group, Inc., a Florida corporation. He ( ) is personally known to me or has (produced _ f'C �- as identification. o ary Pu is NOTARY SEAL Printed Name: Arlene F. Austin (o9 s aS 5 % --&- 1\ Commission No. Expiration Date 13 of 16 y -lLF. N = F. AUSTIN D 6 '5255 8, 2011 i '� -a;d Tha Tiny Fmn '-u 13 3003d5-7(1t9 R ,A:;, ee&AA� Witness Name: '7s Witness Name: /c//A"'-z T •�% STATE OF FLORIDA ) )ss: COUNTY OF COLLIER ) Big Corkscrew Island Fire and Rescue District By: M P wait The foregoing instrument was acknowledged before me this .Z2- day of , 2010, by Bi g Corkscrew Island Fire Control & Rescue District, Collier County, FL, who is personally know to me or has produced as identification. NOTARY SEAL MICHELLE N. HUDDLESTUN * * MY COMMISSION # DD 986659 �q \� EXPIRES: August 28, 2014 Banded T'a 8wod N*y Swim Notary Public P 'n ed Name -6 s59 P `2,4-4- Commission No. Expiration Date 14 of 16 State of Florida ) )ss. County of Collier ) The foregoing instrumen t Maria L. Cabrera, as President personally known to me or has ( PAC OF COLLIER, INC. By: Maria L. Cabrera, Pe'ident was acknowledged before me this 23rd day of July, 2010, by of PAC of Collier, Inc., a Florida corporation. She is ) produced entification. No ary Public NOTARY SEAL Printed Name: Arlene F. Austin Commission No. Expiration Date ���9 sass 8 -$ - \k AF' Eft` F. AUSTIN orn D 5 m 675 Expires August 8, 2011 Bar dtd Thru TIDY R11!1 In&UIOce 335 -7619 15 of 16 SCHEDULE OF EXHIBITS 1. Exhibit A — GMPA Project Area; 2. Exhibit B — Roadway Project Limits (w/ Phase 2 Randall Blvd. Improvements); 3. Exhibit C — Phase 1 Development (w/ initial Randall Blvd. Improvements); 4. Exhibit D — Phase 2 Development (w/ phase 2 Randall Blvd. Improvements); 5. Exhibit E — Phase 3 Development (w/ flyover buildout Randall Blvd. Improvements); 6. Exhibit F — Phase 1 Conceptual Drainage Plan (w/ Private and Public Improvements); 7. Exhibit G — Phase 2 Conceptual Drainage Plan (w/ Public Improvements); 8. Exhibit H — Full Conceptual Drainage Plan (w/ Private and Public Improvements); 9. Exhibit I — Existing & Proposed ROW and Easement Areas; 10. Exhibit J — DCA Areas Prior to Swap; 11. Exhibit K — DCA Summary of Swap Transaction; and 12. Exhibit L — DCA Areas Post Swap 13. Exhibit M — Swap Parcel 14. Exhibit N — Typical Cross Section 15. Exhibit O — Roadway /GMPA Project Limits 16. Exhibit P — Fire District/American Tower Leases 624184 v_09 \ 000000.0784 16 of 16 I rI—•—• W DOBTING DFIAHAGE EASEMENT ..�..— SW EXISTING DRAM GE EASEMENT .' ,�c �. v T IM IM i iL „ rt — DUSTING —FIRE DMTRICT„STATION \ < m if I (mAOO SF NEW) —__ `_- r 7Y�RC 'ML m 0i Z 47 O F---------------- -, - - - - -- �DEVEL M AREA �\ ,� rjj C CIS 0 v PRESERVE AREA (0.71 AG.) , —' v c Q D mr- E;� co r 11 nDm v 1 1 1 f$ 1 l` i 1 ' in 1 WATER Pos MANAGEMENT r, I AREA 0 1 i 1 g n )M =v ° n D m ZOO cDr� 1 � I�'I my cno> <0 �C�O v� mvmm Ioo� �(n DV '0 Z om n z IM A200 m I f Ii l II.I.IZ!... wz 1� I' �1� 1 i � cZi 15 •r!, Z -4 Ip, I 1 ;gg ap 1 1 o ° I ® 1 , �g 1 O ; SO' EXISTNG ROW I i' ' � t OTI.1 CT mcC SIC i - m 3 m m m z C). o < <i _ r, M 02M 4 C) z O C zo CA =r v lo"e� Z m °O s $Qz IR--m m F;m T m Z s� Z n a m A O s 9 oA G m CY H C a AM ,Tj= 33 M 3 M M M z x< m= r- mT Z ii «FF � O C v n Ao CA =wv 0 �_ ' my, Z ,a D pg:lv o A(A >o az o N mZ t_lc) M o� G) !9. n ,s "a. "e. 4 EXISTING DRAINAGE EASEMENT 3S' EXISTWG DRAINAGE ENT ......... . . .. . .......... ... « ..... ................:.= -'T « 1S CONTINGENCY DRAINAGE EASEMENT & I A 1 ; , PIZ 0.71 AC.)____--- RESERVE._._._._._._._._._._.4 I Or(�mr m >n�D ,T, B ZV,c� z�m Z Z --1 j 1 q0� OZ .� D p y . . . . . . . . .III z z z C I_ ® -�s= , 0, Z— b ymmbm i iu ry °rS I iI r 1 in a B( I I iu oy o 0D-P—F IIlyl. S5 L s CO I 1 I) ��I 11 IIII I m -. m 0 �■Yt ili 11! I iu' U o O In ?O�Zr I I—I F�n1 TIM Z YI go motel^ I I' bZ I li� I I u I�w III - I v< 1 0 060 i 0 0 0 1 a I ��v IIIII o � 1 ■ I jl Q 0 o I I11I I 1 1 1 I 1 1 1 1 1 ' i 50' EXISTNG ROW I 1 1 � 1 , 1 1 1 I I 1 I I I tD � m io0 Im ja I� �v 1 1 1 �1 1 l' °z t, �0 I 1 I�� m 11 c Iii 8 I I II I 1I I I j 1 I 1 I III 1 1 j l l I I II 1 II 1 I I I I�� yy9y f I CC O ! 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PRESERVE AREA (0.71 AC.) ___• m 0 2 m Orf�Or O m�?Z.Z� ZZ1DZ ZN - ig � SZ� ooZAv =m �mm8m �w�bm . n c D OOn o co > cc 0 > A mom m p Z< zr m mm� MZ 9 z m m y N z C CDz�m m-n r po CA V a ° >m7yCC z co) ° >Q Pz a CA o y m = 11. �m oZ ■ gig° w a� :a 8 I I I 1 1 1 J I1 . 1 1� I 'nY 1 1 11 1 IPAY i 1 1 1 In 1I�Y 1] 1 1 1.1 1. 1 1 10,1 I I�l 1 I ' 1. i b 8m I!1 I. 1 1 la 1 j In 1� 1� 1 1■ 1■ I 1 ' 1 1 1 1 1 ' 1 1 1 1 1 1 1 i 1 1 1 ' 1 1 1 1 1 ' 1 1 1 ' 1 T - -- 15' CONTINGENCY DRAINAGE EASEMENT Ax I r. 1p {I ...�......�. .*a- Ps n- ! ;I ■I W4—m-1110 1=-7r 0 00 0 Q 010 I I 1 I 0 0 14 o 0 �0 o 0 2=0 0 0 "0 0 0 0 Y a FFal 0 � C L 0 _ - -- I� D 2 I I I 50' FXISTn N.r, r 1, z a rl r m �o 'o �m 2fo 0 1, 3S' EXISTING DRAINAGE EASEMENT SS' EXISTING DRAINAGE EASE ff n — " w ... .......... ._...._....... ...... _ — _ — . m r� 1 15' CONTINGENCY �. 3 I41tll1 I . I DRAINAGE EASEMENT ` xa u 11' m = v n Z Gl IIII IIA' ;I.1 l RESERVE =.(O AC.) 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N A 0 0 0 e m N VI � O� MIA r i EXHIBIT A Legal Description The Property is legally described as follows: Thye West onethalf (1/2) of Tract 54, Golden Gate Estates, Unit No. 23, according to the plat thereof, as recorded in plat book 7, pages 9 and 10, of the public records of Collier County, Florida Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Navies, Fl. A -1 was EXHIBIT B The location of the Premises within the Property (together with access and utilities) is more particularly described and depicted as follows: To be attached hereto and incorporated herein tc oQ�t� 3 Gasct�r w.e••�le Site Number: NC1030 Site Name: Skew Fire Station Market: INaples. Fi. B-1 Rev. 3/00 Florida 38 . i Auer Recordin= Return to: Omnipoint Holdings, Inc. 600 Ansin Boulevard Hallandale, FL 33009 Attn: Lease Administrator Parcel No.3774408003 EXHIBIT C Memorandum of Lease and Option Between Big Corkscrew Island Fire District ( "Landlord ") and Omnipoint Holdings, Inc., a Delaware Corporation ( "Tenant ") A Site Lease with Option ( "Lease ") by and between Big Corkscrew Island Fire District ( "Landlord ") and Omnipoint Holdings, Inc. ( "Tenant') was made regarding a portion of following the property: See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of six (6) month after date of Lease, with up to one additional six (6) month renewal ( "Optional Period "). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date ") and shall terminate at midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five (5) additional five -year terms. Either party may file of public record a Memorandum of Commencement Date which sets forth the specific Commencement Date and the Initial and Renewal Tenn of the Lease. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: Big Corkscrew Island Fire District By. �-2 Printed Name: DIAL, M A 114 0 n3 Q 0 t Its: C- A i it i%A A hi Date: `'J - 12 -D0 WITNESS: By: V X21 . Printed Name: K () %o %r A se i t<._ WITNESS: B Y: Printed Name: K2o[ r L 14t_., &m Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station C -1 Florida Market: Naples. Fl. was /Notary block for Landlord) /Notary block for Corporation, Partnership, Limited Liability Company) STATE OF FLORIDA COUNTY OF +,Oi.-i -i E.-I'L The foregoing instrument was acknowledged before me on rJ - 1 "Z -Dc) by i'i- tUL. ►M lP4A- toNbom _,[title] (-tA4, 2ngAtJ of IBCI F►Z a - I L r icr [type of entity], on behalf of said F ag c7 tsruicr [name of entity]. He/she i rsona y -99 to me or has produced as identification. (Signature of Notary Publi RRA M. GREEtI3ERG • MY COMMISSION 1 CC 789921 it 1 EXPIRES: December 22,2= Bonded thin N8WV PWk Und f& (Use this space for notary stamp /seal) /Notary block for lndividualj STATE OF FLORIDA f\ f: C) Print Name 'TZ «P,, M • iiy xZ� Notary Public, State of Florida Commission No. C� My commission expires i'� - � )� . Ua, COUNTY OF The foregoing instrument was acknowledged before me on (Signature of Notary Public) Print Name Notary Public, State of Florida Commission No. My commission expires (Use this space for notary stamp/seal) by Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. C -3 After Recordinz Return to: Omnipoint Holdings. Inc. 600 Ansin Boulevard Hffilandale, FL 33009 Attn: Lease Administrator Memorandum of Lease and Option Between Big Corkscrew Island Fire District ( "Landlord ") and Omnipoint Holdings, Inc., a Delaware Corporation ( "Tenant ") Parcel No.3774408003 A Site Lease with Option ( "Lease ") by and between Big Corkscrew Island Fire District ( "Landlord ") and Omnipoint Holdings, Inc. ( "Tenant ") was made regarding a portion of the following property: See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of six (6) month after date of Lease, with up to one additional six (months) month renewal ("Optional Period "). The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date ") and shall terminate at midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have occurred Tenant shall have „the right to extend this Lease for five (5) additional five -year terms. Either party may file of public record a Memorandum of Commencement Date which sets forth the specific Commencement Date and the Initial and Renewal Term of the Lease. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: Big Corkscrew Island Fire District Printed Name: 1'AU L- I l 11A,,1-4 O IJOON Its: L 4A t 2 MA n/ Date: rJ -- I Z - UO WITNESS: S By: Printed Name: P°AAl K t ©V,-, LI K. WITNESS: By: ✓ �L �'2� Printed Name: 1�06* _ k1j ti)c Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station- Florida Market: Naples, Fl. 1 9081 [Notary for Landlord] [Notary block for Corporation, Partnership, Limited Liability Company] STATE OF FLORIDA COUNTY OF (-t i t52 _ The foregoing instrument was acknowledged before me on ° i, - %X-) by P/ku i. M [title] (' t,+ I, of riC i 1 f< a Flamm i�,yn2�c.° [type of entity], on behalf of said(.:, ?g: b, s; 72tc_•r [name of entity]. He/she is�erso Wally known o me or has produced as identification. (Signature of Notary RITA M. GREENBERG MY COMMISSION # CC 769921 EXPIRES: December 22, 2002 paced TMu NoYty P0lk Ur4wwdM.j (Use this space ]Notary block for Individual] STATE OF FLORIDA COUNTY OF Public ' / T Print Name t rfa C� Notary Public, State of Florida Commission No. t'_C '7 (i(i�1l My commission expires i a3 - (la The foregoing instrument was acknowledged before me on (Signature of Notary Public) (Use this space for notary stamp/seal) Site Number: NC1030 Site Name: Corkscrew Fire Station Market: Naples, Fl. Print Name Notary Public, State of Florida Commission No. My commission expires M by Rev. 3/00 Florida Usti was SITE LEASE WITH OPTION COP Ir THIS SITE LEASE WITH OPTION ( "Lease ") is by and between Big Corkscrew Island Fire District ( "Landlord ") and Omnipoint Holdings, Inc., a Delaware Corporation ( "Tenant "). 1. Option to Lease (a) In consideration of the payment of Five Hundred Dollars and No/100 Dollars ($500.00) (the "Option Fee ") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached Exhibit A (the "Property "), on the terns and conditions set forth herein (the "Option "). The Option shall be for an initial tern of six months (6) months, commencing on the Effective Date (as defined below) (the "Option Period "). The Option Period may be extended by Tenant for an additional six months (6) months upon written notice to Landlord and payment of the sum of Five Hundred Dollars and No /100 Dollars ($500.00) ( "Additional Option Fee ") at any time prior to the end of the Option Period. (b) During the Option Period and any extension thereof, and during the tern of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, caning and land use authorities, and the Federal Communication Commission ( "FCC ") (the "Governmental Approvals "), including appointing Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land -use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to Tenant the use of that portion of the Property sufficient for placement of Antenna Facilities (as defined below), together with all necessary space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises "). The Premises, located at 13240 Immokalee Road, Naples, Fl. 34120 Collier County, comprise approximately 2,5000 square feet. 2. Term. The initial term of the Lease shall be five (5) years commencing on the date of the exercise of the Option (the "Commencement Date "), and terminating at midnight on the last day of the initial term (the "Initial Term "). 3. Permitted Use. The Premises may be used by Tenant for, among other things, the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. 4. Rent. Tenant shall pay Landlord, as rent, One Thousand Dollars and No/100 Dollars ($1,000.00) per month ( "Rent ") plus applicable sales tax. Rent plus applicable sales tax shall be payable in advance beginning on the Commencement Date prorated for the remainder of the month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to Big Corkscrew Island Fire District at Landlord's address specified in Section 12 below. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason other than a default by Tenant, and all prepaid Rent shall be immediately refunded to Tenant. 5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five -year terns ( "Renewal Term "). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by twenty percent (20%) of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or lessees or licensees of Landlord, with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including without limitation, non - interference). Similarly, Landlord shall not use, nor shall Landlord permit Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. 1 i fk its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall. upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. 7. impmvements, Utilities, Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines (collectively the "Antenna Facilities "). Tenant shall have the right to replace or upgrade the Antenna Facilities at any time during the term of this lease. Tenant shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time during and upon termination of this Lease. (b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the tens of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and tear and casualty excepted. (d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on the Property. In the event separate meters are not installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use. Tenant shall have the right to install necessary conduit and sleeving from the roof to the point of connection within the Building. Landlord shall diligently correct any variation, interruption or failure of utility service. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and across the Property for ingress, egress, utilities and -access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease or any Renewal Term (collectively, "Easement "). The Easement provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24- hours- a-day, 7- days -a -week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon thirty (30) days written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty (30) day period; (b) upon thirty (30) days written notice by either party if the other party commits a non - monetary default and fails to cure or commence curing such default within that thirty (30) -day period, or such longer period as may be required to diligently complete a cure commenced within that thirty (30) -day period; (c) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or Governmental Approval necessary to the installation and/or operation of the Antenna Facilities or Tenant's business; (d) upon ninety (90) days written notice by Tenant if the Property, or the Antenna Facilities are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong; Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. 2 ' 38 (e) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction. and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and/or Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or (fl at the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes directly attributable to, the Antenna Facilities. Landlord shall pay any real property taxes or other fees and assessments attributable to the Property. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. 10. Insurance and Subrogation. (a) Tenant shall provide Commercial General Liability Insurance in an aggregate amount of One Million and No/100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. (b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the ether. 11. Hold Harmless. Tenant agrees to hold Landlord harmless from claims arising from the installation, use, maintenance, repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors. 12. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next - business -day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: If to Landlord, to: Omnipoint Holdings, Inc. Omnipoint Holdings, Inc. 13240 Immokalee Road 3650 — 131" Avenue SE, Suite 200 Attn: Lease Administrator Bellevue, WA 98006 600 Ansin Boulevard Attn: PCS Leasing Administrator Hallandale, FL 33009 Naples, Fl. 34120 With a copy to: Attn: Legal Department 13. Ouiet Enjoyment. Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease. Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, Site Number: NCI 030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples. Fl. 3 demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses, assessments, penalties. fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions "), that relate to or arise from the indemnitor's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not by Landlord or Tenant prior to and during the Term and any Renewal Term of this Lease. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. 15. Assignment and Subleasing. Tenant may assign this Lease and any Easement granted herein upon written notice to Landlord. Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord. Tenant may otherwise assign this Lease upon written approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied. Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees "), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice, as provided in Section 8 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant. Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease. 16. Successors and Assigns. This Lease and the Easement granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. 18. Miscellaneous. (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. (d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached as E it C ) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non - disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith. (e) This Lease shall be construed in accordance with the laws of the state in which the Property is located. (f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they Site Number: NN1 030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. 4 wil shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. (g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated. (h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (i) All Exhibits referred herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property), may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for all purposes. 0) If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone claiming through such broker. If Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone claiming through such broker. The effective date of this Lease is the date of execution by the last party to sign ( "Effective Date "). LANDLORD: Big Corkscrew Island Fire District By: G � Ity��� -r��e Printed Name: �Q t-4L L_. itil I' <k rUt N i) O NJ Its: 6 t tai ltvtAN Date: 5 ~12 —cc, WITNESS: 7 By Y Printed Name: F~CZAt�I K KQVA -,e i g. WITNESS: By: o� Printed Name: Lt rj E Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: NNrles. Fl. 5 • ADDENDUM TO SITE LEASE WITH OPTION [Additional Terms] In the event of conflict or inconsistency between the terms of this Addendum and the Lease, the terms of the Addendum shall govern and control. All capitalized terms shall have the same meaning as in the Lease. IT IS AAEM 1,T GKRM ', AT MM OMM W. L RMPM A RU*M P RM 55W E4MI Y C / �7� C�{t7,��7'�IyL� EEC �T}7{�y� CN �'I}IE�'It�'�-JER STI�E7,, /F�C%�t��'pII7�I�E��S �}►M LLlSE*�CpE�E+' '�II�E �7�/�7 ' 1P1�Y'1V1 ' in ' ^r• ' — 114 1. 11. Cl'1UFOI Y1 IEL l.Utl[lirr ST M, GENE AICR LV ' E FJ.L�L'i L1a71Lt.Ltul NU 'III FM DO= H-RM IAIr IPM 'III GUERAIM SYSM. � •a � iro•r -.a is � �a. LANDLORD: Big Corkscrew Island Fire District By: pa-'y'l 'I , Printed Name: IAuL- PL') RAiVN0r titir)nd Its: J2 4,a t g-M A ni WITNESS: By: Printed Name: Kny,4Kt IL WITNESS: !�r By: Printed Name: ARo6egs L 14..E ,,jc Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. 7 38 LANDLORD: <2nd Landlord Name> By: Printed Name: Its: WITNESS: By: Printed Name: WITNESS: By: Printed Name: TENANT: Omnipoint Holdings, Inc. By:`' V CJ Ir�yppyV� G�-e Printed Name: DARK-/ JW 1 NI Sc OC- Its: TC.C-1fN 1 C-A 4- Df RG —GTC 2 Date: J� I A6 OD WITNESS: By: Printed Name: cf WITNESS: By: Printed Name:,.�►.,.rayil Site Number: NC1030 Rev. 3/00 Site Name: Corkscrew Fire Station Florida Market: Naples, Fl. 8 Jun 24 Ob 12:21p Do/23/2005 16:24 FAX 481 926 James u. Stewart, jr. AMERIC0 TpWER FIRST AMENDMENT TO SITE LEASE rj r- @002 38 COPY THIS MST AMENDMENT TO WMi l(UNICATIONS- TOWER GROUND LEASE ( "First Amendment") is entered into on the �at-L day of ,1,1 )06 2005, Oy and between Dip. Corkscrew Island Fite District (hereinafter referred to as "Landlord ") and Amerman Tower, L.P -, a Delaware limited partnership, its successors and /or (hereinafter referred to as "Tenant"j. WITNESSETH: WHEREAS, Landlord and Omnipoint Holdings, Inc., predcceisor-err- interest to Tenant, executod and entered into that certain Site Lease with Option dated May Y2. 200 (the "Leave" ), for the purpoee of installing, operating and maintaining a communications facility and other improvements on the Site (as described in Fahibit A attached hereto and incorporated by reference herein); and NVEWREAS, Landlord and Tenant desire to amend certain provisions in the Lease NOW, TUREFORE, in consideration of the mutual covenants and promises contained in this Agreement, and other good and valuable vo nsideratim the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree and contract as fbilows: }. Landlord gives and grants to Tenant an irrevocable option to lease an additional Two Hundred and Fifty- Five (255) square feet contiguous to the leased area as sat forth in Exhibit B attached hereto and incorporated by reference herein. Tenant may, at its sole cost and expense, have a survey prepared of the area CVptim Arca"). Landlord agrees that the legal doaeriptm of the area as shown on the survey shall then become the legal description of the Option Area. Consideration for said option to be One and NoMollars ($1.00 the recedo and sufftciemcy of which are hereby acknowledged. As an inducement to Tenant to antes' into and be bound by the terms of this First Amendment, Landlord represents and warrants that: (r) Landlord has good and marketable title to the property; (ii) Landlord and the persons signing this Fast Amendment on behalf of Landlord have the authority to enter into and be hound by the terms of this First Amendment (iii) There are no pending or threatened actions including, without limitation, bankruptcy or insolvency proceedings rider state or foderal law, stuta, claims or causes of action against Landlord or which may otherwise affect the Property;(iv) Landlord has obtained any consents from third parties, if any, necessary for the execution of this First Amendment and (v) There are no options, leases or tither contracts which may adversely affect the property, the site, or Landlord's ability to fulfill its obligations under this First Amendment Landlord grants to Tenant and its designoes the right to enter upon the property to perform test borings of the soil, environmental studies, engineering studies, and such other tests, inspections and investigations as Tenant deems necessary and to survey the property,. Landlord shall provide Tenant with any necessary keys or access codes to The property. Landlord grab the right to clew trees and other obatruetions which may interfere, in Tenant's sole discretion, with Tenant's Wxhty to conduct such activities. 2. Tenant hereby agrees to allow Landlord the use of American Tower's well and power source at the tower site as additional consideration for the option to lease and any subsequent exercise of said option First Amendment to Site Lease Corkscrew Fireststton, FL Site #22910 Jun ?-4 U5 le:nap 06/23/2005 15 :25 FAX 181 826 James u. azewarr, .rr. AWRIGA.�i TOM ®003 38 3. The Notice language contained in Paragraph 12 is deleted in its emt-:rety pmd replaced with: "Natices , All notices most be in writing and shall be valid upon receipt whoa delivered by hand, by nationally recognized courier service, signed receipt requested, or by First Clan+ United States mail, certified, return receipt requested, addressed as follows: Landlord: Big Corkscrew Island Fine District 13240 Immokalee Road Naples, FL 34120 Tenant: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Martagement With a copy to: American 'rower 116 Huntington Ave. Boston, MA 02116 Attn: Legal The patties may substitute recipient's names and addresses by giving at least thirty (30) days notice. Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a changed address of which no notice was given, shall be deemed to be receipt of any such notice." 4. Paragraph 15 is hereby deleted in its entirety and replaced with: "Asaiasmeat and stblettia& Landlord may assign this Lease in its entirety to any third patty in confixiction with a sale of the Property. Tenant may assign this Lease to any third party, provided that the third party has suf icimd financial capacity to perform the obligations of this Lem. Tenant may esm►ign this Lease to any of Tenant's affiliates, Tenant's parent company, or to any third party, provided Tenant gives notice of any third party assignment and, in any event, that the assignee has sufficient capacity to perform the obligations of Tenant under this Lase. Except as provided above, neither Landlord nor Tenant will assign this Lease without the other's prior written consent. Upon assignment, the assigning party will be released from any liability occurring after the date of assignment, and the assignee will be responsible for all future lose obligations. Tenant may sublet or license any part of the Site. Tenant's Customers shall be entitled to use the Eantrici is granted he= and the provisions of this Lease shall benefit Town's Customers." 5. The following is inserted as Paragrapb 19: 'Slunt, Landlord grants to Tenant the right to install and maintain during the Term of this Lease identifying signs or otter types of signs required by any governmental authority on or along any access road to the Site, including, if necessary, signs visible from the nearest public street, at locations where an access road dhwges, or if an obstruction obscures visibility of the Site and Improvements. Tenant agrees to minimize the size of such signs as reasonably required for readability and compliance with regulations or directives of any governmental authority." 6. Landlord represents and'watrants that as of the dare of this execution, tbere are no uncured defauhs wider the teams of the Lease and that the Lease is in full force and effect. 7. All other terms of the Lease except as may be amended herein, or as may be in codiiet with the provisions of this First Amendment, shall be deemed incorporated into this First Amendment. First Amendment to Sift tease Corkscrew Firestation, FL Site 022910 jun c-t uo 1C:C1N JEI IlICS 1... .7L.CWtlf-6' Jf-. LJ.7 _ -J ..IJVJ ' AbERICAy TONER X004 06/23/2005 15:26 PAX 781 926 ' 3 8 8. B=cpt as waded herei[t, all terms, conditions, provisions, covenants and agreements contained in the Lease are hereby retired and confirmed in their entirety. The terms used herein and not otherwise defined in this First Amendment shall have the same meaning as get forth in the Lease. ISIGNATUR)1S NEXT PAGF.j First A>Ueadnww to Site Lease Corkscrew Fireatatian, PL Site #22914 I IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LESSOR: Big Corkscrew Island Fire District Auj M P By: Its: LESSEE: American Tower, L.P., a Delaware limited partnership By: ATC GP, W11'— le general partner _. J n D. Ht sch Director, Land Management WITNESSES: g S. w t 7 - Sigdature l First Amendment to Site Lease Corkscrew Firestation, FL Site #22910 m ACKNOWLEDGEMENT LESSOR: STATE OF FLORIDA COUNTY OF Collier The foregoing instrument was acknowledged before me this 6 -28 -05 (date) by Paul M Plamondon Chairman (name and title of officer) of Big Corkscrew Island Firer Control & Rescue DisctricUtate) corporation, on behalf of the corporation. 6 she is personally known to me or has produced (type o i entification) as identification. l Notary Public Printed Name: Dawn A Marfongella My Commission Expires: 9 -13 -07 Commission # DD 2 4 6 3 5 0 LESSEE: COMMONWEALTH OF MASSACHUSETTS) ) ss: COUNTY OF MIDDLESEX ) ADAWN A. MARPONtiW A MY COMMISSION # DD 248350 EXPIRES: September 13, W ea%W rm, roan rubk undw~ Then personally appeared the said, Jason D. Hirsch of American Tower, L.P. as aforesaid, signer and sealer of the foregoing instrument, and acknowledged the same to be his/her free act and deed as Director, Land Management of American Tower, L.P. and the free act and deed of said limited partnership, before me. Gp, F E Rlyq r Cditk,�•�yy,,'t'd turD' N otary Public My Commission Expires:,3 1G%�f(J ti ;`O '9'RY Pv First Amendment to Site Lease Corkscrew Firestation, FL Site 922910 Jun 24 05 12:23p James u. Stewart, ,nr. 08/23/2005 15:28 FAX 781 920 5 AMERMAN TOWER Prey lad Raman To: American Tower Corporation 10 Presidential Way Woburn, M A 01801 Attu: Land Management ATC Site #22910 ATC Site Name: Corbertw Firestation, FL MEMORANDUM OF LEASE � �W-' 1�*� This MEMORANDUM OF LEASE (`Mamotandum ") is omaeed into on the )9 day of . ' tjr 2005, by and between Sig Corkscrew Island Fire District (hereinafter refend to as "Landlord") and American Tower, L.P., a 'Delaware limited partnembip, its successors andtor (hereinafter referred to as "Tenant"). WITNESSETH: WMREA9, Landlord and 0maipoint Holdings, Inc., predecessor -in- interest to Termnt, executed and entered into that certain Site Lease with Option dated May 12, 2000 (the 'Lease "), for the purpose of inaWb ng, operating and mainishung a oommunieations fbeility and other improvements on the Site (as described in Exhibit A attached hereto and incorporated by reference herein and WHEREAS, Landlord and Tl zant desire to give public notice of certain provisions in the Lease. NOW, TH)I:REFORE, in consideration of the Lease and other good and valuable consideration, the receipt and stdiiclancy of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. The terms and conditions of said Lease are incorporated into tins Memorandum by reference. 2. P3emisew: Subject to the trams of the Lease, Landlord has teased to Tenant a portion of the real property described in Exhibit A atts4ed hereto and incorporated herein by reference, Landlord hereby grants an option to Tenant to lease an additional Two Hundred and Fifty -Five (255) sgaam feet contiguous to the leased area as sad forth in &hibil B attached hereto and 'incorporated by reference herein. 3. I=. The Lease was for an Initial Term of five (5) years commencing on or about May 27, 2001 and expiring on May 26, 2006. Tenant shall have the irrevocable right and option to renew this term for each of free: (5) additional fiver (5)-year renewal - terms (vach, a "Renewal Term "). .Facie Renewal Term shall be automatically exercised by Tenant unless 'Tenant provides Landlord with written notice of its intent not to renew the Lease. 4. This Memorandum is not a complete summary of the terms and conditions contained in flit i:ease. Provisions in the Memorandum shall not be used in E a go interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LESSOR: Big Corkscrew Island Fire District PUj K By: Its: LESSEE: American Tower, L.P., a Delaware limited partnership By: ATC GP, Inc., its sole general partner //rz4z Jas D. Hirsch Director, Land Management WITNESSES: interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LESSOR: Big Corkscrew Island Fire District poi K P By: Its: LESSEE: American Tower, L.P., a Delaware limited partnership By: ATC GP, Inc., its sole general partner 11TAZ Jas D. Hirsch Director, Land Management WITNESSES: �W W� f OS a w� OW 0 w� �a uw 0 i i ai Ra I6 i ��'�� a~ � .tom �� °FF'��'ff✓ ��` " "i``�if f� � s%��� _, � Y a 4 w f rfit tf t 7. of iK i7J7 °fig •y` q��� al q`W OA s s W y LU � —j 0 f � xNx- G W Q d zU), _ • � z' .� Q z� Put 1�• �. <` w LU OR LU O �r• � S tl3W 1fi3WdOl3/LO ' — `� �� W if $ of LU 1M1 3m VMLSM Was r I I •, I .r� w� I I I 1 yam_ 7 I 1 f fe w �W W� f OS a w� OW 0 w� �a uw 0 i i ai Ra I6 i ��'�� a~ � .tom �� °FF'��'ff✓ ��` " "i``�if f� � s%��� _, � Y a 4 w f rfit tf t 7. of iK i7J7 °fig •y` q��� al q`W OA s s W y LU � —j 0 f � xNx- G W Q d zU), _ • � z' .� Q z� Put 1�• �. <` w LU OR LU O �r• � S tl3W 1fi3WdOl3/LO ' — `� �� W if $ of LU 1M1 3m VMLSM Was MEMORANDUM Date: August 12, 2010 To: Michele Mosca, Principal Planner Land Development Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -32: Expanding the Randall Boulevard Commercial Sub - district (CP- 2008 -2) Attached for your records, is a copy of the above referenced ordinance, adopted by the Board of County Commissioners Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. Thank you. Attachment MEMORANDUM Date: August 12, 2010 To: Heidi Ashton -Cicko Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -31: Mission Sub - district (CP- 2007 -3) Ordinance 2010 -32: Randall Sub - district (CP- 2008 -2) Ordinance 2010 -33: Sending to Neutral Lands (CP- 2008 -4) Ordinance 2010 -34: Aligning GMP time frames (CPSP- 2008 -7) Attached for your records, are copies of the Ordinances referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original documents in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachments (4) MEMORANDUM DATE: August 12, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2010 -32: Expanding the Randall Boulevard Commercial Sub - district allowing for the development of commercial uses in a C -4 Zoning District; located on the south of Randall Blvd., west of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East ( ±56.5 acres) Attached for your records, is a copy of the document referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment ORDINANCE NO. 10 -32 AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN AND GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. goo] WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Timothy Hancock of Davidson Engineering and R. Bruce Anderson, Esq., of Roetzel and Andress, P.A. requested an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series to expand and modify the Randall Boulevard Commercial Subdistrict to allow a total development intensity not to exceed 411,950 square feet of commercial uses of the C -4 zoning district, with exceptions, for property located on the south side of Randall Boulevard, extending from 8`h Street Northeast and west to the canal on the west side of the Big Corkscrew Island Fire Station, in Sections 26 and 27, Township 48 South, Range 27 East, existing of 56.5± acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map series, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and Words underlined are additions; words s*-:Hk thFOug-h are deletions 1 Golden Gate Area Master Plan Petition CP- 2008 -2 PT11 WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the owner of Tract 71 withdrew from the petition and the remaining applicants reduced the additional development to 360,950 square feet of commercial development; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the transmittal and adoption of an amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, of the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on June 15, 2010, the Collier County Board of County Commissioners held on July 28, 2010; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Golden Gate Area Master Plan and Golden Gate Area Master Plan Future Land Use Map and Map Series, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendment are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words underlined are additions; words stmek thr-eug4 are deletions 2 Golden Gate Area Master Plan Petition CP- 2008 -2 um SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2010. AT :o ,f1^ T aS ,` D'E:'BRQ K, Clerk a� • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • BY: W FRED W. COYLE, CHAOdAN Approved as to form and legal suffiency: A, Heidi Ashton - Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words s4uek thr-euo are deletions 3 Golden Gate Area Master Plan Petition CP- 2008 -2 EXHIBIT A GOLDEN GATE AREA MASTER PLAN 2. ESTATES DESIGNATION * ** * ** * ** * ** * ** * ** * ** B. Estates - Commercial District 3B CP- 2008 -2 [Page 26] * ** * ** * ** * ** * ** [Page 33] * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** [Page 35] 3) Randall Boulevard Commercial Subdistrict — The Randall Boulevard Commercial Subdistrict containing approximately 56 .5 acres, is located on the south side of Randall Boulevard and Immokalee Road (CR -846), extending from 8th Street NE west to the Corkscrew Canal. The This Subdistrict is comprised of the following properties: Tracts 54, 55, 71, 72, 89, 90, 107, 108, 125, 126 and 127. Golden Gate Estates, Unit 23; and the East 166 Fig t of TraA+ 64 Golden Gate Fisiates, I lnit 23. ReG9gRi .ZiAg the UR096le deVelenmeAt v This Gemmersial Subdistrict has been designated on the Golden Gate Area Future Land Use Map and the Randall Boulevard Commercial Subdistrict Map. See Map 4-4 It is the intent of this Subdistrict to provide commercial goods and services to the surrounding area. All development in the Subdistrict shall complv_with the followina reauirements and limitations: aR) The GTFteria- fer- the SubdistFiGt aFe f s: • a. All seITIFaersial development is encouraged to be in the form of a PUD. • b. Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot wide buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses no such buffer is required. * C. Shared parking shall be required with adjoining development whenever possible. d. Tract 55 shall only be utilized for native preservation and water management areas. The eastern boundary of Tract 55 shall contain at a minimum. a 50 -foot wide retained native vegetation buffer. e. The following limitation shall apply to Tract 71 only 1. Limitation of Uses — Uses shall be limited to the following: • Automobile Service Station; • Barber & Beauty Shops; • Convenience Stores; • Drug Stores; Words underlined are added; words s#FUGk thFGu914 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. gull CP- 2008 -2 • Food Markets; • Hardware Stores; • Laundries — Self Service Only; • Parks, Public or Private; • Post Offices and Professional Offices; • Repair Shops — Radio, TV, Small Appliances and Shoes; • Restaurants, including fast food restaurants but not drive in restaurants • Shopping Center • Veterinary Clinic with no outside kenneling; f. The followina limitations shall apply to Tracts 72 89 90 107 108 125 126. 127, and Tract 54: 1. Development intensity on Tracts 72 89 90 107 108 125 126 127 and the west one -half of Tract 54 shall be limited to 360,950 sauare feet of floor area, of which no more than 285,950 square feet shall be retail development. 2. Development intensity on the east one -half of Tract 54 shall be limited to 20.000 square feet of commercial development 3. The first phase of the project development exclusive of the existing 20.000 sq. ft. of development on the east one -half of Tract 54 shall include a grocery anchor, with a minimum of 35,000 square feet of gross leasable floor area, prior to any certificates of occupancy being issued beyond 100,000 square feet of commercial development. 4. Allowable uses shall be limited to the permitted and conditional uses of the CA General Commercial District in the Collier County Land Development Code in effect as of the effective date of the adoption of the amendment of this Subdistrict rOrdinance No 2010 -32. adopted July 28, 20101, except that the following uses shall be prohibited: • Tire Dealers, Automotive Retail (Group 5531) • Automotive Parking (Group 7521) • Communication Services (Group 4899) • Drinking Places (Group 5813) • Fishing Piers (Group 7999) • Glass and Glazing work (Group 1793) • Health Services (Groups 8059 - 8069) • Specialty Outpatient Facilities (Group 8093) • Houseboat Rental, Lakes Operations. Party and Pleasure Boat rental (Group 7999) • Large Appliance repair service (Group 7623 • Marinas (Group 4493 and 4499) • Miscellaneous Repair Services (Groups 7622 -7641 7699) • Liquor Store, unless operated by a Grocery Retailer (Group 5921 • Used Merchandise Store (Group 5932) • Automatic Merchandisina Machine Operators (Group 5962) • Direct Selling Establishment (Group 5963) Words underlined are added; words stxusk-thF9wgI4 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. CP- 2008 -2 3B • Escort Services, Massage Parlors Tattoo Parlors Turkish Baths, Wedding Chapels (Group 7299) • Bettina Information Services, Bath Houses Billiard Parlors Bookies and Bookmakers, Cable lifts Carnival Operation Circus Companies, Fortune Tellers, Go -cart racing operation Off -track betting, Ping Pona Parlors, Rodeo Animal Rentals Rodeos, Shooting Ranges, Trapshooting Facilities (Group 7999) • Parole offices. Probation offices, Public welfare centers refugee services, settlement houses (Group 8322) • Tow -in parking lots (Groups 7514. 7515 7521) • Animal Specialty Services (Group 0752) 5. At time of rezonina, consideration shall be given to imposing appropriate restrictions on the amount of development allowed in this Subdistrict prior to discontinuance and relocation of the Big- Corkscrew Island Fire Station and Florida Division of Forestry fire tower uses. 6. All buildinas on Tracts 72, 89 90 107 108 125 126 and 127 shall be developed with a unified architectural theme. 7. Excludina the commercial zoning on Tract 71 and the existina approved commercial zoning on the east one -half of Tract 54 any additional development in the Subdistrict shall be developed in phases. Phase I shall be limited to 100,000 sauare feet of gross leasable floor area. Subsequent phases shall not receive building permits until the Randall Boulevard /Immokalee Road intersection proiect, including the widening of the segment of Randall Boulevard abuttina the Subdistrict, as shown on Exhibit "A" of the Developer Contribution Aareement adopted July 28 2010 by the Board of County Commissioners, has commenced. No Certificates of Occupancv shall be issued for subsequent development phases until the Randall Boulevard /Immokalee Road intersection proiect is substantially complete. Neither the building permits limitations nor the Certificates of Occupancy limitations shall apply if satisfactory alternative mitigation is approved by the Board of County Commissioners pursuant to Transportation Element Policy 5 1 or if traffic conditions change in such a manner that adequate capacity is available. CP- 2008 -2 Exhibit A per BCC Adoption 7 -28 -10 G: \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments \2007 -2008 Combined Cycle Petitions\2008 Cycle Petitions \CP - 2008 -2 Randall Blvd Corn Subdistrict dw/7 -28 -10 Words underlined are added; words StFUGk thFoug14 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. Ico F F LEGEND_ -�- _ gum pasamTm [frArO cawr►nor AOYCULiVAAI/AIDAL WWWATM I OWKAYS AID ■ aewf..x COnP <.W.2ioMi iM.TM., ❑ �w>�r.',eo anm uM.wct .Al •.Aw.t OIL WELL ROAD � .,,,'. ■ � ,a.c..c «..w.. xo+n.c, ■ .;w,LL •aaM.o arloar�..oeaz, .•�� m. y Z 777$ RANDALL BOULEVARD VANDERBILT' REACH ROAD PINE RD. In < e K F z y G.G.PICWY. z � N IF F DAVIS BOULEVARD cs T a q7�C 1't I I t IVN C:Y =lW9 -0Z 000 GOLDEN GATE AREA FUTURE LAND USE MAP IMMOKALEE ROAD ;l RS I OIL WELL ROAD DAMOKALEE ROAD .•�� Z 777$ RANDALL BOULEVARD 0 SUBJECT SM CP-2008 -M d >a m � 8 aoLDEH ante ucEVAaD z U WHITE BLVD. a > A O o 7NTERS�,ATE 93 61 S.R. 89 4 _ oC tv 5 � m U .2 O 0 I W 2 IM 3 IYI Ali. 5 MI Vky4A[A A:: q$ /CTO Y.VP;YU' $EC1KT1 CQYYUtiI'r 0%Y1pPYE,1i wi0 EfIY.RdiYE.Y,1� "sERNCE$ gNJON to � 413'p 9 �lL CP..:OOA 2 AWG R26E I R27E I R28E ;l EXHIBIT A PT PETITION CP- 2008 -02A RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida AMENDED — SEPTEMBER 10, 2003 (Ord. No. 2003 -44) AMENDED — JANUARY 25, 2007 (Ord. No. 2007 -19) 0 1/2 MI. 1 MI. PREPARED BY: GIS /CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: CP- 2008- 2B.DWG DATE: 9/2009 LEGEND I E GOLDEN GATE SETTLEMENT ESTATES AREA IMMOKALEE O R U P 0 L A O O C B ST C w O U E A AMENDED — SEPTEMBER 10, 2003 (Ord. No. 2003 -44) AMENDED — JANUARY 25, 2007 (Ord. No. 2007 -19) 0 1/2 MI. 1 MI. PREPARED BY: GIS /CAD MAPPING SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: CP- 2008- 2B.DWG DATE: 9/2009 LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -32 Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. 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The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 3C MEMORANDUM Date: August 12, 2010 To: Heidi Ashton -Cicko County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -31: Mission Sub - district (CP- 2007 -3) Ordinance 2010 -32: Randall Sub - district (CP- 2008 -2) Ordinance 2010 -33: Sending to Neutral Lands (CP- 2008 -4) Ordinance 2010 -34: Aligning GMP time frames (CPSP- 2008 -7) Attached for your records, are copies of the Ordinances referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original documents in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachments (4) 3C MEMORANDUM DATE: August 12, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2010 -33: Amending the Future Land Use Element and Future Land Use Map & Map Series; Re- designating RFMUD Sending Lands to Neutral Lands on the east and south sides of Washburn Avenue, east of the Naples Landfill, in Section 31, Township 49 South, Range 27 East (±28.76 acres) Attached for your records, is a copy of the document referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment ORDINANCE NO. 10 -33 3C AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Dwight Nadeau of RWA, Incorporated, requested an amendment to re- designate from Rural Fringe Mixed Use District, Sending Lands to Rural Fringe Mixed Use Neutral Lands to allow for the use "facilities for the collection, transfer and processing and reduction of solid waste ", for property located on the east and south sides of Washburn Avenue, east of Naples landfill, in Section 31, Township 49 South, Range 27 East, consisting of 28.7± acres; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element and Future Land Use Map and Map series, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and Words underlined are additions; words stFuc-1 oug4 are deletions Future Land Use Element Petition CP- 2008 -4 ""3C WHEREAS, instead of a redesignation of the land use designation, County Staff proposed and the applicant accepted an amendment to the Rural Fringe Mixed Use District, Sending Lands to add as a conditional use "facilities for resource recovery and the collection, transfer, processing and reduction of solid waste" for property located in the southwest quarter of the southwest quarter of Section 31, Township 49 South, Range 27 East, consisting of 28.7 acres; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the transmittal and adoption of an amendment to the Future Land Use Element and Future Land Use Map and Map Series, of the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on June 15, 2010 and June 17, 2010, and the Collier County Board of County Commissioners held on July 28, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and are incorporated by reference herein. Words underlined are additions; words stfiiEk thr-ough are deletions 2 Future Land Use Element Petition CP- 2008 -4 3C SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2010. ATTEST: DWIQHT'E. -BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY W. FRED W. COYLE, CHAI AN Appr. " 'arm and legal suffiency: 0(0 Heidi Ashton- Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words stfuek t4fetigh are deletions 3 Future Land Use Element Petition CP- 2008 -4 3C CP- 2008 -4 Exhibit A FUTURE LAND USE ELEMENT II. AGRICULTURAL/RURAL DESIGNATION * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** C) Sending Lands * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** 8. Conditional Uses: [Page 77] a) The following uses are conditionally permitted subject to approval through a public hearing process: * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** 5) Facilities for resource recovery and for the collection, transfer. mocessin and reduction of solid waste for a ±29 acre property located within the southwest auarter of the southwest Quarter of Section 31 Township 49S Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses This shall not be interpreted to allow for the establishment or expansion of facilities for landfillina, dryfillina, incineratina, or other method of onsite solid waste disposal. CP- 2008 -4 Exhibit A per CCPC rec. - Adoption G: \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2007 -2008 Combined Cycle Petitions\2008 Cycle Petitions\CP- 2008 -4 re- designate RFMUD Sending to Neutral dw/6 -24 -10 1 Words underlined are added; words strwGk thr4gug14 are deleted. Row of asterisks ( * ** * ** * * *) denotes break in text. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -33 3C Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. BROCK Clerk of Court s s;' ar.�d`'` Clerk Ex- officio to,''d'd of County CommisSine s. j By: Ann Jennejohn, Deputy Clerk 30 MEMORANDUM Date: August 12, 2010 To: David Weeks, GMP Manager Land Development Services Department From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2010 -34: Staff Amendment adding a policy pertaining to planning time frames in the Growth Management Plan (GMP) Attached for your records, is a copy of the above referenced ordinance, adopted by the Board of County Commissioners Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original ordinance in the Official Record's of the Board. Thank you. Attachment 30 MEMORANDUM Date: August 12, 2010 To: Heidi Ashton -Cicko Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Ordinance 2010 -31: Mission Sub - district (CP- 2007 -3) Ordinance 2010 -32: Randall Sub - district (CP- 2008 -2) Ordinance 2010 -33: Sending to Neutral Lands (CP- 2008 -4) Ordinance 2010 -34: Aligning GMP time frames (CPSP- 2008 -7) Attached for your records, are copies of the Ordinances referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. The Minutes and Record's Department will hold the original documents in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachments (4) MEMORANDUM DATE: August 12, 2010 TO: Ernie Kerskie, Director of Mapping Property Appraiser's Office FROM: Ann Jennej ohn, Deputy Clerk Minutes & Records Department RE: Validated Ordinance 2010 -34: Staff amendment to add a policy pertaining to planning time frames in the Growth Management Plan (GMP) Attached for your records, is a copy of the document referenced above, adopted by the Board of County Commissioners on Wednesday, July 28, 2010. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment W1 ORDINANCE NO. 10 -34 AN ORDINANCE AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AN AMENDMENT TO THE FUTURE LAND USE ELEMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Comprehensive Planning staff initiated an amendment to the Future Land Use Element to add a new Policy 4.11, to address the alignment of dates within the various elements of the Growth Management Plan for planning time frames for the Future Land Use Map, the Rural Lands Stewardship Area Overlay Map, and Transportation Element long range maps; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on January 27, 2010; and WHEREAS, the Department of Community Affairs did review the amendment to the Future Land Use Element, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the transmittal and adoption of an amendment of the Future Land Use Element, to the Growth Management Plan; and Words underlined are additions; words struek thfeug4 are deletions 1 Future Land Use Element Petition CPSP- 2008 -7 30 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the document entitled Collier County Growth Management Plan Amendment, and other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on June 15, 2010, and the Collier County Board of County Commissioners held on July 28, 2010; and met. WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AN AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Future Land Use Element, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399 -2100. Words underlined are additions; words stmek t4ough are deletions 2 Future Land Use Element Petition CPSP - 2008 -7 30 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of July, 2010. ATTEST: DWIGIE.C, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - BY: FRED W. COYLE, CHAIRMAN •''A4 .iiii*Y6k Approve4�s to form and legal suffiency: Heidi Ashton - Cicko, Land Use Section Chief and Assistant County Attorney Words underlined are additions; words stfuek thr-aug4 are deletions 3 Future Land Use Element Petition CPSP- 2008 -7 EXHIBIT A FUTURE LAND USE ELEMENT 30 CPSP- 2008 -7 [Page 15 -16] OBJECTIVE 4: In order to improve coordination of land uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** * ** [Page 18] Policy 4.11 In the next Evaluation and Appraisal Report (EAR), due January 1, 2011, Collier County will identify as an issue to be addressed, the need to align dates within the various elements of this arowth management plan. This will include, but may not be limited to, the planning time frame for the Future Land Use Map, the Rural Lands Stewardship Area Overlay, and Transportation Element long range maps. Necessary amendments to achieve the alignment of dates will be included in the EAR -based amendments to the Plan. Words underlined are added; words s#6js1F#Few914 are deleted. Row of asterisks "" * *' * ** ( )denotes break in text. 3D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -34 Which was adopted by the Board of County Commissioners on the 28th day of July, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of August, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners Dv l 13y: Ann J Deputy Clerk -